
aass_J^_^5l29 



Book. 



A 



tijl 



T.A^Mrs 



RELATING TO THE 



PUBLIC SCHOOL SYSTEM 



OF ALABAMA, 



WITH AN APPENDIX OF FORMS. 



1878. 



PREPAEED Br 

LeROYF. BOX, 

Superintendent of Education 



MONTGOMEEY, ALA.: 

BAREETT & BROWN, STATE PRINTERS, 
1878. 



L^^^S 



BELATtNG TO THE 



PUBLIC SCHOOL SYSTEM "'^ 



OF ALABAMA 



WITH AN APPENDIX OF FORMS. 



1878. 



PREPAKED SJ 

leroy f. box, 

Superintendent of Education, 



MONTGOMERY, ALA.: 

BAEKETT & BEOWN, STATE PEINTEES, 
1878. 



2 



V^'.V- 



.<" 



Ala. Dei>t. vl Ab4-H\M 
NOV 24 f9W 



^ DEPARTMENT OF EDUCATION, ) 

Montgomery, Ala., Feb. 4, 1878. j 

By the Act " to organize and regulate a system of public 
instruction for the State of Alabama," approved February 8, 
1877, it is made the duty of the Superintendent of Education 
to " prepare and have printed in pamphlet form by the State 
printer, •* * * * all laws, rules and regulations pertain- 
ing to the public school system of the State, and cause the 
same to be distributed to the county superintendents of edu- 
cation and other officers connected with the school system," &c. 
Pursuant to such requirement this pamphlet has been pre- 
pared. 

The Act referred to'contains no express words of repeal, 
and did not go into effect until October 1, 1877 — except such 
of its provisions as *' fix and regulate the compensation of 
county superintendents, and the expenses of the department 
of education." The school laws in force prior to the passage 
of this act remained in force.uctil superseded by it, October 1, 
1 877, and were retained in, and adopted as a part of, the Code 
of 1876, But what of such provisions of the former law as 
are not repugnant to the subsequent act ? Do they remain 
in force since it went into effect? These are important ques- 
tions not entirely free from difficulty. 

The courts do not favor the repeal of statutes by implica- 
tion, merely. They adhere to the long settled principle, that 
in the absence of express words of repeal, a subsequent act 
repeals only such provisions of the former law as are directly 
repugnant to it. 

But the Act of February 8, 1877, it is believed, falls within 
another principle — also well settled in American jurispru- 
dence — glowing out of the frequent revision of statutes in this 
country. It is this : Where an act containing no express 
words of repeal, is evidently intended as a revision of the 
entire subject treated in former statutes, it repeals such former 
statutes in toto ; and sections or parts of the former law omit- 
ted in the revision, are not to be revived by construction, but 



are to be regarded as annulled. — (Sedgwick on the constrnc- 
tion of statutory and constitutional law). And, though there 
should be a plain casus omissus, the courts will not supply it. 
It can be supplied only, by legislation. 

With reference to this principle, the following pages have 
been prepared. They contain, it is believed, " all the laws, 
rules and regulations " (now in force) " pertaining to the pub- 
lic school system of the State." These comprise: — the con- 
stitutional provisions relating to education ; the legislation of 
1876-7; laws relating to the lease and sale of school lands; 
local school laws ; laws establishing and regulating Normal 
Schools ; provisions for summary proceedings against default- 
ers to the school revenue ; and sections of the Penal Code 
which prescribe punishment for the embezzlement or other 
improper use of school moneys. These have been compiled 
from the Code of 1876, in such nianner as to*retain the num- 
bers of sections (in parenthesis) as they stand in the Code ; 
but for convenience of reference the sections are also num- 
bered from one, conseentively. Such transposition and change 
of numbers of chapters and articles have also been made as 
convenience of arrangement suggested. 

The Act of February 8, 1877, being regarded as revisory of, 
and designed to be a substitute for the school laws then in 
force and embraced in the Code of 1876, it is believed that 
only such sections of the latter remain in force as are not 
repugnant to the former and relate to the duties of such offi- 
cers as are not created by school laws. These — with some 
others which, it is thought, contribute materially to a proper 
understanding and administration of the Act of 1877 — are in- 
serted, as notes with proper references, at the bottom of the 
pages. 

For the use and convenience of school officers and teachers, 
an Appendix of Forms has been added, which, it is hoped, 
.will bring about uniformity of practice under the present 
laws. LeKOYF. box. 

Superintendent of Education. 



CONSTITUTIONAL PROVISIONS. 



STATE COJ^STITUTION, •' 
Article XIII. 

EDUCATION. 

Section 1. The General Assembly shall establish, organize 
and maintain a system of public schools throughout the State 
for the equal benefit of the children thereof, between the ages 
of seven and twenty-one years ; but separate schools shall be 
provided for the children of citizens of African descent. 

Sec. 2. The principal of all funds arising from the sale or 
other disposition of lands or other property, which has been 
or may hereafter be granted or entrusted to this State, or 
given by the United States, for educational purposes, shall 
be preserved inviolate and undiminished; and the income 
arising therefrom shall be faithfully applied to the specific 
objects of the original grants or appropriations. 

Sec. 3, All lauds or other property given by individuals, 
or appropriated by the State for educational purposes, and all 
estates of deceased persons who die without leaving a will or 
heir, shall be faithfully applied to the maintenance of the 
public schools. 

Sec. 4:. The General Assembly shall also provide for the 
levying and collection of an annual poll tax, not to exceed 
one dollar and fifty cents on each poll, which shall be applied 
to the support of the public schools in the counties in which 
it is levied and collected. 

Sec. 5. The income arising from the sixteenth section trust 
fund, the surplus revenue fund, until it is called for by the 
United States Government, and the funds enumerated in sec- 
tions three and four of this article, with such other moneys to 
be not less than one hundred thousand dollars per annum, as 
the General Assembly shall provide by taxation or otherwise, 
shall be applied to the support and maintenance of the public 
schools, and it shall be the duty of the General Assembly to 
increase, from time to time, the public school fund, as the 



condition of the treasury and the resources of the State will 
admit. 

Sec. 6. Not more than four per cent, of all moneys raised, 
or which may hereafter be appropriated for the support of 
public schools shall be used or expended otherwise than for 
the payment of teachers employed in such schools. Provided, 
That the General Assembly may, by a vote of two-thirds of 
each house, suspend the operation of this section. 

Sec. 7. The supervision of the public schools shall be 
vested in a Superintendent of Education whose powers, duties, 
term of office and compensation shall be fixed by law. The 
Superintendent of Education shall be elected by the qualified 
voters of the State in such manner and at such time as shall 
be provided by law. 

Sec. 8. No money raised for the support of the public 
schools of the State shall be appropriated to or used for the 
support of any sectarian or denominational school. 

Sec. 9. The State University and the Agricultural k Me- 
chanical College shall each be under the management and con- 
trol of a Board of Trustees. The Board for the University shall 
consist of two members from the congressional district in 
which the University is located, and one from each of the 
other congressional districts in the State. The Board for the 
Agricultural & Mechanical College shall consist of two mem- 
bers from the congressional district in which the college is 
located and one from each of the other congressional districts 
in the State. Said trustees shall be appointed by the Gov- 
ernor by and with the advice and consent of the Senate, and 
shall hold office for a term of six years, and until their suc- 
cessors shall be appointed and qualified. After the first ap- 
pointment each Board shall be divided into three classes as 
nearly equal as may be. The seats of the first class shall be 
vacated at the expiration of two years, and those of the second 
clsss in four years, and those of the third class at the end of 
six 3'^ears, from the date of appointment, so that one-third 
may be chosen biennially. No trustee shall receive any pay 
or emolument other than his actual expenses incurred in the 
discharge of his duties as such. The Governor shall be ex- 
ojjido President and the Superintendent of Education ex-qfficio 
a member of each of said Boards of Trustees. 

Sec. 10. The General Assembly shall have no power to 
change the location of the State University or the Agricul- 
tural & Mechanical College as now established by law, except 
upon a vote of two-thirds of the members of the General 
Assembly, taken by yeas and nays, and entered upon the 
journals. 

Sec. 11. The provisions of this article, and of any act of 
the General Assembly passed in pursuance thereof, to estab- 



lish, organize and maintain a system of public schools through- 
out the State, shall apply to Mobile county only so far as to 
authorize and require the authorities designated by law to 
draw the portion of the funds to which said county will be 
entitled for school purposes, and to make reports to the Su- 
perintendent of Education as may be prescribed by law. 
And all special incomes and powers of taxation as now author- 
ized by law for the benefit of public schools in said county, 
shall remain undisturbed until otherwise provided by the 
General Assembly ; Provided, That separate schools for each 
race shall always be maintained by said school authorities. 



STATUTORY PEOYISIONS. 



CHAPTER 1. 

iGode of 1816— Part 7, Title 11, Chapter 5.] 

SCHOOL FUND. 

§1. (1002). What is the ScJwol Fund— The school funds, 
within the meaning of this chapter, are : 

1. The principal of all funds arising from the sale, or other 
disposition of lands or other property, which has been, or 
may hereafter be granted or entrusted to the State, or given 
by the United States for educational purposes. 

2. All lands or other property given by individuals, or ap- 
propriated by the State for educational purposes. 

3. All estates of deceased persons who die without leaving 
a will or heir. 

4. The annual poll tax, not to exceed one dollar and fifty 
cents, to be applied to the support of the public schools in 
the county in which it is levied and collected. 

5. The sixteenth section trust fund, being the proceeds of 
certain lands granted by congress for the use of schools in 
the valueless sixteenth sections, by act passed August 11, 
1848. 

6. The surplus revenue fund deposited with this State by 
the United States, until it is called for by the latter. 



CHAPTER 2. 
Article I. 

THE PUBLIC SCHOOL EEVENUE. 

§ 2 (1006). Annual Public School Bevenue. — For the main- 
tenance of a system of public schools throughout the State, 
the following sums of money are hereby appropriated for each 
scholastic year, to-wit : 

1. The annual interest, at six per cent,, upon all sums of 
money which have heretofore been received by this State, or 
which may hereafter be received by this State, as the pro- 
ceeds of sales of land granted or entrusted by the United 
States to this State, or to the several townships thereof, for 
school purposes. 

2. The annual interest, at four per cent., on that part of the 
surplus revenue of the United States deposited with this State 
under the act of congress approved June 23, 1836. 

3. All the annual rents, incomes, profits or proceeds of sales 
of all such lands as may hereafter be given by the United 
States, or by this State, or by individuals, for the support of 
the public schools of this State.* 

4. All such sums as may accrue to the State as escheats ; 
such Slims to be applied to the support of the public schools 
during the scholastic year next succeding their receipt in the 
State treasury, 

5. Also, the further sum of one hundred and thirty thousand 
dollars, from any money in the treasury not otherwise appro- 
priated. 

6. The net amount of poll tax which may be collected in 
this State — the poll tax collected in each county to be retained 
therein for the support of public schools thereof, and to be 
distributed and disbursed as hereinafter provided. The poll 
tax shall be one dollar and fifty cents on each male inhabitant 
over twenty-one and less than forty-five years of age, and shall 
be assessed and collected in such manner as may be provided 
by law. * t 

* [Code of 1876, § 1003 (6) ]. — All rents, incomes and profits received into 
the treasury of the State during the scholastic year, from all lands remaining 
unsold, which have heretofore been donated by the congress of the United 
States for the support of the public schools, shall be applied to the support of 
the public schools during the scholastic j'ear next succeeding their receipt into 
the treasury. 

* The following act was approved January 30, 1 877, viz : 

Section 1. Be it enacted In/ the Geneml Assembly of Alabama, That no person 
shall be permitted to act as an emigration agent in the counties of Barbour, 
Eussell, Lee, Talladega, Macon, BuUock, Chambers, Sumter, Pickens, Choctaw, 



9 

§ 3 (1007). What placed by auditor to credit of that revenue; 
ivhen so placed and/or ivhat year.— On the first clay of October 
in each year, the auditor of public accounts shall place to the 
credit of the educational fund, on the books of his ojB&ce, all 
such amounts as shall accrue to that fund for the scholastic 
year, beginning on that day, from the sources above mentioned, 
except the poll tax; and all the appropriations hereinabove 
provided, except the poll tax, shall accrue to the educational 
fund on the first day of October in each year. 

§ 4 (1008). Auditor must certify to superintendent amount 
of revenue for scholastic year. — On the first day of October of 
each year, or as soon thereafter as practicable, the auditor of 
pubKc accounts shall certify to the superintendent of educa- 
tion the amount of money which has accrued and been placed 
by him to the credit of the educational fund for the scholastic 
year commencing on the first day of October, stating specifi- 
cally what amount has been derived from each source, and 
also, what unexpended balance there may be, from the appro- 
priation of the previous year, to be carried forward. The sum 
so certified hj the auditor to be to the credit of the educa- 
tional fund shall be apportioned by the superintendent of 
education, and drawn and disbursed as hereinafter provided. 



CHAPTER 3. 
Article I. 

SCHOOL OFFICERS. 

§ 5 (888). School Officers. — For the uniform and efficient 
administration of the system of public schools in this State, 
there shall be the following officers : 

1. A superintendent of education for the State. 

2. A county superintendent of education in each county. 

3. Three trustees of public schools in each township or other 
school district. 

Pike, Conecuh, Clarke, or Montgomery, in this State, without first paying to 
each of said counties in which they may so operate, a license tax of one hun- 
dred dollars, such license tax to be paid as other license taxes for county pur- 
poses are now required to be paid. 

Sec. 2. Be it further enacted, That the license taxes collected under the pro- 
visions of this act shall be used exclusively for the support of public schools in 
the county in which the same is paid. 

t \_Code of 1876.] § 1004. County School Tax.— Each county in this State, ex- 
cept the county of Mobile, is authorized to raise annually, by special tax, in 
the same manner as other county taxes shall be levied, upon real and personal 
property within the county, an amount of money not exceeding ten cents on 
each one hundred dollars of valuation, for the support of the common schools 
therein, and for providing suitable houses, and purchasing libraries and appar- 
atus for such schools. 



10 
Aeticle II. 

SUPEEINTENDENT OF EDUCATION ; HIS ELECTION, DUTIES AND COM- 
PENSATION. 

§6 (889). Election; return thereof; commission; term of 
office ; bond. — The superintendent of education shall be elected 
by the qualified voters of the State, at the next general elec- 
tion in August, 1878, and every two years thereafter, and the 
election shall be conducted in the same manner, and held at 
the same time, as the election for other state officers in such 
years, and the returns of the election for superintendent of 
education shall be made to the Secretary of State, in the same 
manner and within the same time as is now or may hereafter 
be required for the returns of election of other State officers 
to the Secretary of State. He shall be commissioned by the 
Governor, and shall hold his office for the term of two years, 
and until his successor shall have been elected and qualified ; 
but before entering upon the duties of his office he shall take 
and subscribe the oath of office prescribed by the constitution 
of this State, and shall also give bond, with security approved 
by the Governor, in the sum of fifteen thousand dollars, con- 
ditioned faithfully to discharge the duties of his office so long 
as he shall remain therein, or perform any of the duties 
thereof, which oath and bond shall be filed in the office of the 
Secretary of State. 

§7 (890). Vacancy filled by Governor; term of appointee ; 
bond and qualification. — If at any time the office of superin- 
tendent of education should be vacant, by death, resignation, 
or otherwise, the Governor shall appoint a suitable person to 
fill such office ; such appointee shall hold the office for the 
unexpired term, and shall give bond and qualify as herein- 
before prescribed. 

§ 8 (891). Duties of Superintendent. — The duties of the 
superintendent of education shall be as follows : 

1. He shall devote his time to the care and improvement 
of the common schools and the promotion of public education, 
and shall exercise a general supervision over all the educa- 
tional interests of the State, and to this end he shall have 
power to require from county superintendents of education, 
township trustees and all other school officers, all such reports 
and other information relating to the educational fund, or the 
condition of the schools and the management thereof, as may 
be prescribed by law, or as the superintendent of education 
may deem important, and for the failure of any school officer 
to make such report, or discharge such other official duty, he 
may remove from office any such delinquent. 

2. It shall be his duty, as far as practicable, to visit every 



11 

county in the State annually, for the purpose of inspecting 
the schools and their management, the accounts of county 
superintendents of education and other school officers, and 
for diffusing as widely as possible, by personal addresses and 
personal communication, information as to the importance of 
public schools and the best methods for their management, 
and to encourage and to assist at organizing and conducting 
teachers' and superintendents' institutes. 

3. He shall annually distribute and apportion all money 
belonging to the educational fund, in such manner as may be 
prescribed by law, and shall see to the proper disbursement 
of the same ; and to this end he shall keep an accurate account 
with all officers who may be custodians or disbursers of the 
school fund, or any part thereof. 

4. He shall prepare all forms, and have printed and dis- 
tributed properly all such blanks as may be necessary or as 
may be required by law, in the administration of the public 
school system; such printing and distribution to be done at 
as cheap a rate as possible, and to bei paid for out of the edu- 
cational contingent fund. 

5. He shall also furnish the county superintendents of edu- 
cation, or other county school officers, all such books for keep- 
ing their accounts and records as may be necessary, and he 
shall prescribe a uniform manner of keeping such accounts 
and records. 

6. He shall take receipts for all such books furnished to 
county school officers, and the same shall be public property, 
and the officers receiving the same shall take good care thereof 
and turn them over to their successors in office as other offi- 
cial records are required to be turned over ; such books shall 
be paid for out of the educational contingent fund. 

7. He shall keep a debtor and creditor account with each 
township or other school district in the State of all funds 
which may accrue to the township or school district for edu- 
cational purposes. 

8. He shall keep in his office an accurate account of the 
capital of all sixteenth section or other trust fund to which 
each township may be entitled ; such account must show 
whence such fund was derived and when. 

9. He shall preserve in his office ail bonds of school officers, 
or others which may be required to be filed in his office. 

10. He shall cause suits to be instituted and prosecuted 
against all defaulters to the educational fund, and for this 
puipose may employ attorneys, but shall not have power to 
contract to pay such attorneys out of the educational fund 
more than ten per centum of whatever amount may be recov- 
ered by them in the proceedings instituted and prosecuted. 

11. He shall, byjcorrespondence, exchange of official reports 



12 

and other proper means, elicit information relative to the sys- 
tems of public education in other States and countries, and 
disseminate all useful knowledge regarding the same among 
the superintendents and other school officers in this State. 

12. He shall collect in his office such school books, appar- 
atus, maps, charts and specimens of improved school furniture 
as can be obtained without expense to the State. 

13. He shall prepare and have printed in pamphlet form, 
by the State printer or contractor for the public printing of 
the State, all laws, rules and regulations pertaining to the 
public school system of the State, and cause the same to be 
distributed to the county superintendents of education and 
other officers connected with the school system, for the in- 
formation of those interested in the educational interests of 
the State. 

§ 9. Reports to the Governor. — He shall, as soon as practi- 
cable after the close of each scholastic year, make a report in 
writing to the Governor, and said report shall contain — 

1. A brief history of his labors. 

2. An abstract of the reports received by him from the 
county superintendents, exhibiting the condition of the public 
schools. 

3. Estimates and accounts of expenditures of school money. 

4. An itemized statement showing how the contingent fund 
of his department, and all other special funds or appropria- 
tions under his control, have been disposed of. 

5. Such recommendations as he may make for the improve- 
ment of the school system, and the care and augmenting of 
the ediicational fund. 

6. All such other matters relating to his office, and to the 
public schools, as he shall deem expedient to communicate. 

When the report is laid before him the Governor shall 
direct the superintendent of education to have printed, in the 
same manner and upon the same conditions that other print- 
ing is done, during the recess of the general assembly, a suffi- 
cient number of copies of the report to supply the county 
superintendents and township trustees, and for the usual ex- 
change with other States, and with the leading cities of the 
United States ; and it shall be the duty of the superintendent 
to distribute the same as indicated in this section. He shall 
perform all other duties connected with his office, which are 
herein prescribed, or may be hereafter provided by law. 

§ 10 (892). Office at the capital, where hooks, papers and re- 
cords must he kept ; open to inspection ; his presence required. — 
The superintendent of education shall have an office at the 
capitol of the State, where the books, papers and records of 
his office shall be kept, and where he shall give attendance 
when not absent on official duties ; and it shall be the privi- 



13 

lege of all persons interested to have access at all proper 
hours to the books of said office. 

§11 (893). Authority to emjploy clerk; salary, and out of 
ivJiat fund jom'c?.— The superintendent of education is author- 
ized to employ a suitable clerk for service in his office, and 
such clerk shall be allowed an annual salary of fifteen hun- 
dred dollars, to be paid out of the educational fund. 

§ 12 (894). Salary of Superintendent, and out of ivlmt 
fund ijaid. — The superintendent of education shall receive a 
salary of two thousand two hundred and fifty dollars per an- 
num, to be paid out of the educational fund, as the salaries 
of other State officers are paid. 

Aeticle III. 

COUNTY SUPEEINTENDENTS— THEIR APPOINTMENT AND DUTIES. 

§13 (907). County Superintendent in each county ; by whom 
appointed. — In each county of this State there shall be an 
officer designated as the county superintendent of education, 
who shall be appointed by the State Superintendent of Edu- 
cation. 

§ 14 (908). Duties of county superintendent. — The county 
superintendent of education is required to discharge the fol- 
lowing duties : 

1. He must pay the teachers of public schools annually, 
between the first and fifteenth of October, or as soon there- 
after as practicable, upon the certificate of the board of trus- 
tees of the district in which the school was taught, signed by 
the clerk of the board, and he shall take their receipts in 
duplicate, one of the receipts to be kept in his office, and one 
to be forwarded, with his annual report, to the superintend- 
ent of education as a voucher for money thus disbursed. 

2. He must receive and take charge of any money, funds, 
property or proceeds of any character raised in his county 
by county taxation, or may accrue to him, or to the county, 
from gift, grant, bequest, devise, endowment or otherwise, to 
be used in aid of or connection with money apportioned to 
his county from the educational fund, and shall faithfully keep 
the same separate and apart from any other funds and prop- 
erty whatsoever ; and he shall apportion, distribute and pay 
out all money raised in accordance with this subdivision, as 
the law may direct ; but all money raised by local taxation in 
any school district, or incorporated city or town, shall be ex- 
pended for the benefit of the district, city or town in which 
the money is raised, and by such persons and in such manner 
as are authorized by the laws that have been enacted, or may 
hereafter be enacted, for the control and government of pub- 
lic schools in such district, city or incorporated town. 



14 

3. He shall remove from office any township trustee, when 
the interest of the public education demands such removal ; 
he shall fill all vacancies occasioned by removal from office or 
otherwise. 

4. He shall examine into the condition of all school funds 
of his county, including the sixteenth section fund and six- 
teenth section lands unsold in his county, and he is required 
and authorized to bring suit against trespassers upon the six- 
teenth section, in the name of the State of Alabama, for the 
use of the township to which they belong, and also to bring 
suits to recover such lauds, for the use of the township, when 
they are in possession of other claimants, 

5. He must have an office at the county site of his county, 
and must, on the first Saturday of each month, from the be- 
ginning of the scholastic year until the close of the public 
school for that year, be present to transact business with the 
officers and teachers of public schools. 

6. As soon as he receives the annual apportionment of the 
educational fund to his county, he shall forthwith notify the 
trustees of each township of the amount apportioned for each 
race to the township. 

§ 15 (909). Duties as to school money of his county. — The 
county superintendent of education shall receive and keep 
exclusively for the use of public schools, all money belonging 
to the educational funds of his county, and shall give the tax 
collector receipts in triplicate for such amounts as may be 
paid to him by the tax collector, and he shall immediately 
certify to the superintendent of education the amounts paid 
by the tax collector, and the date of payment, specifying 
amount received as poll tax from each race, and all other 
tax. * 

§ 16 (910). Settlement loith tax collector ; certified statement 
to State superintendent. — The county superintendent of edu- 
cation shall make a final settlement with the tax collector of 
his county on or before the first day of May of each year, and 
shall forthwith forward to the superintendent of education a 
certified statement of such settlement, showing how much he 
has received from the tax collector, specifying the poll tax 
from the general tax, showing the deficiency, if any exists, 
between the amount received from the tax collector and the 
annual apportionment of the educational fund for his county. 

* [Code of 1876.] § 1113. The tax collector pays at end of each month'; re" 
ceipt. — The tax collector, at the end of each month, shall pay the county super' 
intendent of education of his county the amount of poll tax collected during 
the month, taking his receipt for the same, as provided in the preceding sec- 
tion. 

§(1112). * * The tax collector shall also forward to the superintendent 
of education one of the receipts for all moneys paid by him to the county super- 
intendent of education as soon as given. 



15 

§ 17 (911). Must keep an account hook; open to inspection.— 
The county superintendent of education shall enter in a book 
kept for that purpose, the exact amount and date of all pay- 
ments made to him for the educational fund of his county, 
and the amount of educational fund apportioned to, and the 
amount distributed in, each township and for each race of his 
county, to whom paid, and the date and amount of payment, 
and for what purpose ; and such book shall be open for inspec- 
tion of all persons interested. 

§18 (912.) Report to superintendent of education; contents; 
made on blanks furnished by superintendent. — Each county su- 
perintendent shall forward to the superintendent of education 
an annual report of the public schools of his county for the 
preceding year, on or before the first day of November, and 
the report shall set forth the amount of school money received 
from all sources to the end of the year, and shall specify how 
much was received from each source ; it shall also show how 
much has been disbursed up to the end of the year, for what 
purpose, and the names of teachers to whom money has been 
paid, the amount of their pay by contract with the trustees, 
the time they taught and the total amount paid to each teacher, 
specifying also how much was paid for teaching schools for 
the white race and how much for schools for the colored race, 
the amount of funds then in hand for each race in each town- 
ship or other school district in his county, and such report 
shall set forth the number of pupils, male and female, white 
and colored enrolled, and the average attendance at each 
school, and in each alternate year shall set forth the scholastic 
enumeration of his county as provided by law. All reports 
herein named shall be made out on blanks furnished by the 
superintendent of education. 

§ 19 (91 3). Forfeiture for failing to make report ivithin ten 
days after prescribed time. — If any county superintendent shall 
wilfully fail to make out and forward to the superintendent 
of education the annual reports herein required, within ten 
days after the time they should be made, as prescribed in the 
preceding section of this article, he shall be liable to forfeit 
his pay and commissions, and to be removed from office by 
the superintendent of education. 

§ 20 (914). Oath and bond; additional security, or new bond, 
and failure to give. — Every county superintendent of education, 
before entering on the duties of his office, must take the oath 
prescribed by the constitution of this State, and enter into 
bond, with good and. sufficient sureties, the amount of the 
bond fixed by the superintendent of education, but in no case 
to be less than double of the amount of money that may 
come into his hands at any time ; and the bond must be ap- 
proved by the judge of probate of the county and filed and 



16 

recorded, together with the oath, in the oflBce of the judge of 
probate, and a certified copy of the bond shall also be filed in 
the office of the superintendent of education for his approval. 
The superintendent of education shall require additional 
security upon the bond of any county superintendent of edu- 
cation, or a new bond, and a different amount, whenever he 
shall find it necessary for the protection of the educational 
fund of the county ; and no county superintendent of educa- 
tion, after receiving such notice to give additional security or 
a new bond, shall continue in the discharge of the duties 
of his office, until such additional security or new bond is 
given. 

§ '21 (915). County superintendent must pay out money 
promptly to teacher ; summary judgment on failure; appeal. — 
The county superintendent of education must, promptly, pay 
over to the teachers the money in his hands, according to the 
provisions of law, and, failing to do so, judgment may be re- 
covered_ against him and his sureties, or any of them, by 
motion in any court of competent jurisdiction of the county 
of such superintendent, on three days notice thereof, for the 
amount of such moneys, with legal interest from the time of 
the demand, and ten per centum damages on the aggregate 
amount, and costs, the motion to be prosecuted in the name 
of the teacher or legal assignee of the claim ; but from all 
cases tried before a justice of the peace, or notary public, 
either party shall have the right to appeal, as provided by law 
in other cases of trial before such officers. 

§ 22 (916). Terms of office of present and succeeding county 
superintendents ; superintendent of education may remove for 
cause.' — The terms of office of all county superintendents of 
education, now in office, shall expire on the thirtieth day of 
September, 1877, and the terms of their successors shall begin 
on the first day of October, 1877, and their appointment shall 
be for two years and until their successors are appointed and 
qualified ; but the superintendent of education may, at any 
time, for good cause shown, remove from office any county 
superintendent of education. 

§ 23 (917). Vacancy filled by superintendent of education; 
term of appointee ; must qualify and give hond. — All vacancies 
in the office of county superintendent shall be filled by 
appointment of the superintendent of education ; but any 
appointment to fill a vacancy before the expiration of the 
regular term, shall only be for the unexpired part of such 
regular term, and all appointees to the office, whether for the 
whole year or only a part of the regular term, shall qualify 
and give bond as hereinabove prescribed. 

§ 24 (918). Compensation of county superintendents ; when 
taken or used, — The county superintendents of education shall 



17 

receive for their services seventy-five dollars and one per cent, 
upon the amount of all the educational fund legally disbursed 
by them ; but such salary and per centum must not be taken 
or used by them until after the disbursements have been 
made and the credits allowed by the superintendent of edu- 
cation. 

Aeticle IV. 

TOWNSHIP TEUSTEES; ELECTION, DUTIES, &C. 

§ 25 (948). Election of toiunship trustees ; report to State 
and county superintend.ents ; vacancies ; lioio many may act. — 
There shall be elected in each township, on the first Saturday 
in October, 18/7, and every four years thereafter, by the qual- 
ified voters, three trustees of the public schools of such town- 
ship.'^ The election shall be held by order of the judge of 
probate, who shall appoint three managers of election, and 
require the sheriff to notify them of the time and place of 
election, in the usual manner as now required by law in other 
elections. The managers shall report the result to the judge, 
who thereupon shall announce the names of the persons 
elected, and report the same to the State superintendent of 
education, and also the superintendent of the county. If 
either, or all the persons so chosen, shall fail to accept, or 
any vacancy should occur in such offices, the county superin- 
tendent shall supply the vacancy by an appointment, to hold 
until the nest regular election. Any two of the trustees shall 
form a quorum to do business, and if there is but one in office, 
he shall have full power to act. 

§ 26 (949). Supervise and establish schools. — The trustees 
shall have immediate supervision of the public schools in 
their tov/nship, and shall have power to establish one or more 
schools of either race in such township as the public neces- 
sity requires, f :j: 

* [Code o/ 1876.] §919. * * * * and none but a freeholder or house- 
holder, resident in the township, is eligible. 

t [Code of 1876.] § 1161. Location of school house, when hut one school in 
township. — When but one school is established in a township, it shall be so 
located as to accommodate the largest number of piipils, it being the purpose 
of this section to encourage the building of a permanent school house as near 
the center of the township as possible, whenever it can be done without mate- 
rial injury or inconvenience to the children within the educational age in such 
township ; but the trustees may change the location from year to year in order 
to provide for those who were not in reach of the school in previous j'^ears. 

t iGode of 1876.] § 1155. Location of schools. — In the location of public 
schools, the board of trustees must have reference to the population and neigh- 
borhood, paying due regard to any school house already built or site procured, 
as well as to all other circumstances proper to be considered, so as to promote 
the best interests of free public education. ***** 

2 



18 

§27 (950). Oath of office; trustees may administer to each 
other ; cohere filed. — Each trustee of the public schools must, 
within ten days after his election or appointment, and before 
entering on his duties, take and subscribe the oath prescribed 
by laAV, which oath the members may administer to each other, 
and which oath must be filed in the office of the county super- 
intendent of education. 

§28 (951). Bond required when lands about to he sold or 
leased; approved, and filing. — "Whenever the trustees are about 
to sell or lease school lands, they must give bond, with security, 
payable to the State, in a sum to be determined by the county 
superintendent of education, equal to the value of the school 
lands, or the amount of school funds, of their township, con- 
ditioned to discharge their duty faithfully, so long as they 
may continue in office or continue to discharge any of such 
duties, which bond must be approved by the county superin- 
tendent of education and filed in his office. 

§29 (952). Contracts with and payment of teachers. — The 
trustees shall contract with teachers when they are satisfied 
of their competency and good moral character, to teach in 
any of the public schools of their township, to pay them a 
pro rata share of the school fund apportioned to the township, 
according to the number of days reported in the teacher's 
annual report of the actual attendance of each pupil, at the 
expiration of the scholastic year. 

§ 30 (953). Visits of trustees to schools. — One or more of the 
trustees shall visit the schools in their township at least once 
during each scholastic year. 

§31 (954). Enumeration of children; report to county super- 
intendent. — The board of trustees of each township must, dur- 
ing the month of August, 1878, and every two years thereaf- 
ter, make an enumeration of all the children, white and col- 
ored, male and female, between the ages of seven and twenty- 
one years, in their respective townships, and make a report 
in duplicate of said enumeration to the county superintend- 
ent of education by the fifteenth of September following, 

§ 32 (955). Report to county superintendent of amount of in- 
come from sale or lease of land. — Whenever the sixteenth sec- 
tion of any township has been leased or sold, and the pro- 
ceeds of such lease or sale are still in the hands of the trus- 
tees of such township, they must report to the county super- 
intendent of education of their county the annual income to 
the township from such lease or sale. 

§33 (956). Removal of teachers ; pro rata payment.— The 
trustees may, for any cause sufficient in their judgment, annul 
the contract and remove the teacher; but they shall allow 
him a pro rata share of the school fund at the time of the 
annual payment to the several teachers of the township. 



19 

§ 34 (957). Register of daily attendarwe to be kept by teachers 
arid submitted to trustees. — The trustees shall require the 
teachers of public schools to keep a register of the daily 
attendance of the pupils in schools taught by them, and to 
submit such register to the board of trustees for their inspec- 
tion. 

§ 35 (958). Clerk of hoard elected at annual session; presides 
and keeps record. — The board of township trustees, at their 
annual session, shall organize by appointing one of their num- 
ber clerk of the board, who shall preside at the official meet- 
ings of the board of trustees, and record their proceedings in 
a book kept for the purpose.* 

§ 36 (959). Attendance of children in anotJier toionship. — If 
any child or children, within the educational age, of a town- 
ship shall attend any public school in any other township, the 
teachers of such child or children shall be entitled to a pro 
rata share of the school fund of the township in which they 
live, if the teachers present in due time, to the trustees of the 
township in which such child or children live, a certificate, 
approved by the clerk of the board of trustees of the township 
in which the school or schools were taught, that such child or 
children, designating them by name, were in actual attend- 
ance in such school or schools during the time specified. 

§37 (960). Ascertainment of amount due teacher ; warrant 
for amount; reasons for refusal by trustees to approve report of 
teacher sent to county superintendent, — When the trustees have 
received the annual reports of the teachers of the children of 
their township, thej shall determine how much is due each 
scholar for actual attendance in the public schools, and shall 
require the clerk of the board to draw a warrant in favor of 
each teacher upon the county superintendent of education for 
the amount due him on his annual report ; but in no case 
shall the amount paid to the teacher for any one scholar ex- 
ceed the tuition of such scholar by contract with the patrons,t 
and if the trustees refuse to approve any report of a teacher, 
and to grant him a warrant, the clerk of the board of trustees 
shall immediately forward a written statement of the reasons 
for such refusal to the county superintendent of education. 

§ 38 (361). Exemption of trustees from road and jury duties; 
evidence of continuance in office. — The township trustees shall 

* [Code of 1876.] § 931. Timt of regular meeting ; quorum. — The township 
trustees of each township or school district, except as otherwise provided, 
shall hold an annual session on the second Monday in January of each year, 
and shall continue in session from day to day until all business is disposed of, 
but they may adjourn to any specified day not beyond twenty days from the 
regular day of meeting ; and two of the trustees shall constitute a quorum to 
transact business, but one may adjourn the meeting from day to* day. 

t This seems to refer to contracts between teachers and j)atrons — (the parents 
and guardians of pupils) — such as were authorized by the law in force prior 
to October 1, 1877.— See Code of 1876, § 1116. 



20 

be exempt from jury duty and road duty so long as they con- 
tinue in their offices and perform the duties thereof ; and the 
certificate of the county superintendent of education shall be 
evidence thereof. 

Aeticle Y. 

teachers op public schools, 

§ 39 (1174). Certificate of qualif-cation. — Every teacher of a 
public school, when required by the trusteess of a township, 
shall obtain a certificate of qualification from such authority 
as may be designated by the trustees, before entering into 
contract to teach a public school. X 

§40(1175). Register kept hy teacher ; inspection by trus- 
tees; certified report of teacher. — Every teacher of a public 
school shall keep a register of the actual daily attendance of 
the pupils in his school, and shall submit such register to the 
trustees for their inspection, and shall make a certified report 
of the number of scholars, designating them by name, stating 
the number of days each scholar was in attendance during his 
school, on or before the expiration of the scholastic year.H 

Article VL 
districts, pupils, scholastic periods, contracts, schools, &c. 

§ 41 (1154). What shall constitute a school district ; super- 
vision of board of trustees.— 'Eyeiy township and fraction of a 
township which is divided by a State or county line, or any 
other insuperable barrier, such as rivers, creeks, or mountains, 
and every incorporated city or town having three thousand 
inhabitants, shall constitute separate school districts, and each 
shall be under a board of trustees, as to all matters connected 
with public schools. * 

t r Code o/ 1876. ] ,§1126. Schools not established by trustees excluded. — No 
school shall receive the benefit of this chapter, except as herein provided, unless 
such school shall be instructed by a teacher or teachers duly examined, ap- 
proved and employed by competent and lawful authority, as herein provided. 

II {Code of 1876.] § 1172. What is required of teac/ier.— Every teacher of a 
public school is required — 

********** 

2. To maintain good order in the school and on the play ground, to incul- 
culcate good morals and faithfully impart instructions in the several branches 
taught. 

3. To see that the school room, fixtures, apparatus and appurtenances are 
not defaced or injured. 

d. To suspend pupils for grossly immoral conduct, or persistent violation of 
the rules and regulations of the school, giving immediate notice to parents or 
guardians. 

5. To enforce the rules, laws and regulations relating to public schools, and 
to certify to these facts in his reports. 



21 

§ 42 (1179). Age of pupil; right of admission and into what 
schools. — ^Every child between the ages of seven and twenty- 
one years shall be entitled to admission into, and instruction 
in, any public school of its own race or color in the township 
in which he or she resides, or to any public school of its own 
race or color in the State of Alabama.! 

§ 43 (1165). Scholastic year, month and day. — The scholas- 
tic year shall begin on the first day of October of each year, 
and end on the thirteenth:}: day of September of the following 
year. Twenty days shall constitute a school month. A school 
day shall comprise not less than six hours. 

§44 (1166). Duration of session and number of pupils re- 
quired ; lohen school children may attend in another toivnship, and 
pro rata payment to teacher ; exception as to sixteenth section 
revenue. — The township trustees shall not contract with any 
teacher to teach a public school for a less term than three 
months, nor less than ten pupils, within the educational age. 
In townships in which there are not ten children within the 
school age, then such children may attend schools established 
in other townships, and the teacher shall be entitled to receive 
the pro rata distribution of the school fund apportioned to 
the township in which no schools are organized. The six 
teenth section fund of any township may be applied to the 
establishment of schools in a township of less than ten schol- 
ars. II 

§ 45 (1167). Trustees can not draiv loarrant on report of less 
than an a.verage daily attendance of ten pupils. — The trustees 
shall not draw a warrant upon the county superintendent in 
favor of any teacher whose annual report shows a less average 
daily attendance than ten pupils. 

§ 46 (1168). Contract luith teachers to he in duplicate; one for 
teacher, the other for county superintendent. — The trustees shall 
make all contracts with teachers in duplicate and in writing, 

* [Code of 1876.] § 1153. Portions of township five, ranges twenty-three and 
twenty-four, Dale county, united and made a district. — That portion of township 
five, range twenty-three, situated east of Claybank creek, is annexed to town- 
ship five, range twenty-four, constituting, with township five, range twenty- 
four, a separate school district in the county of Dale. 

t [Code of 1876]. § 1178. Examination and certificates. — Public examina- 
tions must be held in the public schools at least once in every year, and when 
the trustees are satisfied that any pupil has become thoroughly educated in all 
the branches of free instruction in such school, they shall give him an honor- 
able certificate to that effect. 

X The word thirtieth, evidently should have been used instead of ' 'thirteenth," 
but the latter occurs in the printed act and is retained in the Code of 1876. 

II Code of 1876.] § 1157. Separate schools for races. — In no case shall it be 
lawful to unite in one school both colored and white children, unless it be by 
the unanimous consent of the parents and guardians of such children ; but said 
trustees shall in all othei; cases provide separate schools for both white and 
colored children. 



22 

one to be kept by the teacher, the other to be forwarded to 
the county superintendent. 



CHAPTEE 4. 
Aeticle I. 

APPOETIONMENT AND DISBURSEMENT OF PUBLIC SCHOOL REVENUE, 

§ 47 (1129). Necessary amounts for contingent expenses, and 
for normal schools, to he set apart, and residue of revenue to he 
apportioned. — As soon as the auditor furnishes to the superin- 
tendent of education, in each year, the certificate showing the 
amount which is to the credit of the educational fund for that 
year, it shall be the duty of the superintendent of education 
to set apart, out of the general fund, a sufiicient amount to 
pay such expenses of the department of education as by law 
shall be payable out of such fund, the amount necessary to 
coyer the expenses of normal schools, and he shall then ap- 
portion all the balance of such fund, as nearly as practicable, 
among the several townships and school districts in the State, 
in the manner hereinafter provided. 

§ 48 (1130). Afportionment and setting apart certified to aud- 
itor ; no warrant for any purpose in excess of amoimt set apart 
or apportioned. — As soon as the superintendent of education 
has set apart the amount and made the apportionment of the 
fund as provided for in the preceding section, he shall certify 
to the auditor the amounts set apart for each particular pur- 
pose or appropriation, and the total amount of the apportion- 
ment to the several school districts in each county for each 
race, and the auditor shall see that no warrants are drawn 
against the educational fund, for any purpose, for any amount 
in excess of the amounts so set apart and apportioned, and 
so certified to him, * 

§ 49 (1131). Hotv apportionment made. — In making the ap- 
portionment of school money to the several school districts, 
the superintendent of education shall first set apart to each 
township or other school district the amount due from the 
State to each district as interest on its sixteenth section fund, 
or other trust fund held by the State ; and all townships or 

* [ Code of 1876. ] § 1 118. Duty of auditor and State treasurer as to imappor- 
tioned 'school revenue. — The auditor shall certify to the treasurer the amount of 
the school revenue, exclusive of poll tax, iinapportioned by the superintendent 
of education, and the treasurer shall set apart the amount out of any moneys 
received from taxes for the current year, and he shall keep the same separate 
and apart from all other revenues, and shall not pay out any of such moneys 
except upon warrants for school purposes. 



school districts which have an income from trust funds in the 
hands of the State, or from lease or sale of their sixteenth 
section lauds, shall not receive any thing out of the balance 
of the educational fund to be apportioned until all other town- 
ships or school districts having no trust fund shall have 
received from the general fund such sum as will give them an 
equal per capita apportionment with the townships and dis- 
tricts having such trusts and income, f 

§50(1132). Basis of apport{onme7it ; apportionment hetiveen 
the races also to be made. — The superintendent of education 
shall apportion the educational fund to the respective town- 
ships or school districts, subject to the provisions of the pre- 
ceding section, according to the latest official returns of the 
enumeration of school population of the townships or other 
districts which have been made to his office ; and he shall 
also apportion the fund for each township between the races 
therein ; but whenever the trustees of any township or district 
have failed to make and return the census enumeration of 
their township or district, as required by law, the superin- 
tendent of education shall make the apportionment to such 
township or district according to the best information which 
he can obtain as to the school population of such township or 
district ; but in no event shall he, in case of such failure, esti- 
mate the school population of any such district or township 
at more than the number shown by the last official report 
thereof to his office. 

§51 (1188). Superintendent must record apportionment and 
hasis thereof, and furnish each county superintendent certified copy 
of so much as relates to his districts ; what extent only contracts 
for schools valid. — As soon as the superintendent of education 
shall have made the apportionment of school money as here- 
inabove provided, he shall record the same in his office in 
books kept for that purpose, showing the amount which he 
has apportioned to each school district in the State, and speci- 
fying from what source or sources the same was derived, the 
amount to each race in the township, and the number of chil- 
dren of each race in the district upon which the apportion- 
ment was based ; and he shall then furnish to each county 
superintendent of education a certified copy from such books, 
showing the dividends of educational fund to each township 
or district under the supervision of such county superintend- 
ent of education, and the amount so divided and certified shall 
be the total amount which each of such school districts shall 
be entitled to receive from the State, except poll tax, during- 

t§1117. Apportionment of money raised hy county school tax. — The money 
raised by county school tax shall be apportioned by the cotinty superintendent 
among the public schools in the county, upon the basis provided in this Code 
for the apportionment of the State school moneys. * * * * 



24 

the then current scholastic year ; and no contract to pay for 
any school or schools, for any district, more than the amount 
thus appropriated to it, together with such poll tax as it may 
receive, and such funds as may be in hand from previous 
years, shall be valid against the State or township. 

§52 (1134). Each county receives its oivn 'poll tax, and it 
shall he its distributive share of such tax. — Each county in this 
State shall receive as school money all the poll tax collected 
in such county, and the school money thus received shall be 
its full distributive share of the aggregate poll tax collected 
in the State. 

§ 63 (1135). Tax assessor must note township and range and 
the color of each poll tax payer. — The tax assessors, while 
making their assessments in each year, shall note on the 
assessment list the township and range in which each person 
liable for poll tax resides, and he shall note the number of 
each race in the township liable to poll tax. 

§ 54 (1136). Each township or district entitled to its poll tax; 
each race to poll tax paid by it; county superintendent's report 
as to poll tax. — Each township or other school district shall 
be entitled to receive for the support of public schools therein, 
all the poll tax raised in and for such district, and the county 
superintendent of education of each county shall see that the 
amount of poll tax paid by white persons shall be applied ex- 
clusively to the maintenance of schools for white pupils, and 
all paid by colored persons exclusively for schools for colored 
pupils ; and in his annual reports the county superintendent 
of education must show how much poll tax he has received 
since the last report for each race in each district of his 
county.* 

§ 55 (1137). Certificate of superintendent to auditor of amount 
due each county ; auditor's toarrant to county superintendent on 
tax collector.- The superintendent of education shall, by the 
tenth day of October in each and every year, or as soon there- 
after as practicable, apportion to every county in this State 
the amount of school money such county will be entitled to 
receive for that scholastic year from all sources, except from 
poll tax and the special tax, if any levied for school purposes 
in any county, and shall certify the same to the State auditor, 
who shall draw his warrant on the tax collector of each coun- 
ty for the amount thus certified, to be paid to the county 
superintendent of education of each county, and its payment 
shall be accounted as the payment of so much school money, 
and shall stand in lieu thereof. 

§ 6G (1138). Payment of auditor's ivarrant on tax collector ; 
county superintendent's receipt taken as cash. — The tax collector 
shall pay the auditor's warrant provided for in the preceding 

*See note to section 49. 



25 

section out of any State tax that may coroe into his posses- 
sion, and take up the warrant, together with a receipt from 
his county superintendent of education, endorsed and approved 
by the probate judge, for the amount paid, and this receipt 
shall be received from the tax collector by the auditor as cash 
in the settlement of his accounts, but no preference shall be 
given by the several tax collectors in the payment of the aud- 
itor's warrant, drawn under section 1131 for school money, 
but shall make payments into the State treasury, and on such 
warrants in proportion of the latter to the whole amount of 
taxes which will probably be collected in his county for the 
then current fiscal year; but the amounts of school money 
apportioned to the several counties, respectively, shall be first 
paid to the superintendent of education of the county for edu- 
cational purposes, in such county respectively, out of the col- 
lections of State revenue in the several counties, so that the 
portion belonging to each county for school purposes shall 
always be retained in the counties. 

§ 57 (1139). Disposition of school money during contest as to 
office of county superintendent and after contest ended. —When- 
ever a contest as to the office of county superintendent of edu- 
cation is pending, the tax collector of such county shall pay 
over to the superintendent of education all school money 
which is in his hands, or which may come into his hands dur- 
ing the pendency of such contest, and it shall be the duty of 
the superintendent of education to receive the school money 
of such county and deposit the same in the State treasury as 
a special deposit for the county, and such money shall be 
paid out on the warrant of the superintendent of education 
for the support of the public schools of such county, and to 
such persons as would be entitled to receive the same from 
the county superintendant of education ; but on the final de- 
termination of the contest, it shall be the duty of the super- 
intendent of education to pay over any balance not dis- 
bursed by him to the person in whose favor the contest is 
decided. 

§ 58 (1140). Unlaiofid to use school money, or permit its use, 
except for public school purposes. — It shall be unlawful for any 
person into whose hands or under whose control any of the 
public school money may come, to use or to permit the use 
- of the same, or any part thereof, except for purposes of the 
public schools, and in accordance with the laws regulating 
the pubhc schools and providing for the disbursement of the 
public school money. 

§ 58ia (4382). And any person violating the provisions of this 
section shall be deemed guilty of embezzlement, and, on con- 
viction, be punished as if he "had stolen the money so unlaw- 
fully used or converted. 



26 

§ 59 (4381). Eynhezdemjent by county superintendent of educa- 
tion. — Any county superintendent of education to whom any 
money or property has been delivered as county superintend- 
ent of education, who, embezzles, or fraudulently converts to 
his own use, such money or property, or any part thereof, 
must be punished, on conviction, as if he had stolen it, and 
shall forfeit his office. 

§ 60 (1141). Deficiency after first day of May, paid by war- 
rant 071 treasurer. — In any county where the amount of funds 
collected and paid over by the tax collector by the first day 
of May in each year, exclusive of the poll tax, does not 
amount to the apportionment of the educational fund for the 
county, it shall be the duty of the superintendent of educa- 
tion to certify to the auditor the amount to which said county 
is entitled, after deducting the amount paid by the tax col- 
lector to the county superintendent of education, and the 
auditor shall draw his warrant on the State treasurer in 
favor of «uch county superintendent for the sum certified to 
be due. 

§ 61 (1142). Local school money ; appropriation and expend- 
iture. — All local school funds raised for the support of public 
schools by taxation, or otherwise, shall be apportioned and 
expended in the district or districts where such funds have 
been raised, under such rules and regulations as the board of 
trustees of said district, or other local board provided by law, 
may prescribe ; but this section shall not be construed to 
repeal any provision for the apportionment and disbursement 
of the moneys mentioned in this article, provided for in special 
or local laws ; and all funds contributed by private parties or 
otherwise to said district, shall be applied as indicated in the 
grant from such contributors.* 

§ 62 (1143). Apportionment of income of trust fund ivlien 
township divided — Whenever a township, which has a trust 
fund income, is divided by a State or county line, or includes 
a city which is a separate school district, such trust fund in- 
come shall be divided between or apportioned to each school 
district, according to the school population of each. 

§ 63 (1144). Apportionment of unexpended school money prior 
to first of October, 18*15 ; report to superintendent of education. 

* [Code of 1876.] § 1116. Fifty per cent, of revenue applicable to building, d;c. 
INot more than fifty per cent, of the school revenue raised by county tax, and 
paid into the county treasury, shall be used for any other purpose than the 
payment of qualified teachers ; and the residue of the moneys distributed to 
the several townships from the county school revenue may be appropriated to 
the purchase of a township school library, to build a township school house, 
'Or such other contingent expenses of the schools as the county superintendent 
shall determine. 

§ 1 125. State educational revenue app>licaUe to tuition only. — The school moneys 
distributed to the various counties of this State, from the State school revenue, 
shall not, either directly or indirectly, be paid for the erection of school houses, 
the use of school rooms, furniture, or any other contingent expense of schools. 



27 

The coupty superintendents of education shall apportion to 
the several school districts in their counties all unexpended 
school funds now in their hands, or which they may hereafter 
receive, and which funds have accrued to their counties prior 
to the first of October, 1875, when it is not known to what 
particular townships and races the same belongs; and they 
shall make such apportionment in the same manner as the 
State superintendent is required to apportion the general 
school fund, and they shall make report of such apportion- 
ment to the superintendent of education as soon thereafter 
as practicable ; but nothing contained in this section shall 
interfere with the claims of teachers who taught public schools 
prior to the year 1874* 

§ 64 (1145). Apportionment, when nnexpended for ttoo years. 
The county superintendent of education shall, in like manner, 
apportion among the school districts under his supervision, 
all funds which they have received for any particular school 
district and race, and which has remained unused by such 
township and race for two years. 

§ 65 (1146). Money once apportioned shall not he used other- 
wise until reapportioned. — The funds which have accrued to 
and been apportioned to any township and race, shall not be 

* The following act of the Board of Education, approyed December 14, 1874, 
is the only provision for the payment of ' ' claims of teachers who taught pub- 
lic schools prior to the year 1 874 " : 

Sec. ]. Be it enacted by the Board of Education of the State of Alabama, 
That all persons who have taught free public schools prior to October 1, 1874, 
upon presenting their claims to the county superintendent of education of the 
county in which said schools were taught, and furnishing the proof required 
by an act of the Board of Education, entitled "An act to provide for filing and 
adjusting all claims against the educational department," approved Decem- 
ber 5, 1874, shall be paid out of any unexpended funds belonging to the town- 
ship, accruing prior to October 1, 1874, in which said schools were taught, and 
from the fund apportioned to the race taught by such teacher ; Provided, That 
no claim shall be paid until all claims are presented and passed upon ; And 
provided further. That such claims are presented by the first day of October, 
1875 ; and if there is not a sufficient fund to pay the full amounts of such 
claims, the fund shall be divided pro rata in proportion to the amount proved 
to be due. 

The following act of the General Assembly, approved February 9, 1877, 
relates to claims which accrue between October 1, 1874, and February 9, 1877: 

Sec. 1. Be it enacted by the General Assembly of Alabama, That in all 
cases in which trustees of the public schools have made contracts with persons 
to teach public schools in their respective townships since the first day of 
October, 1874, and before the notice of the amount which was apportioned to 
their respective townships was received by said trustees, and where the said 
persons taught said schools pursuant to said contracts , such persons shall be 
entitled to receive from the county superintendents of the counties in which 
they taught, the amounts which accrued to them under their said contracts, to 
be paid out of any funds in the hands of said county superintendents which 
were apportioned to the respective townships, and to the race for which they 
taught, and in the year jfor which they taught ; but no payments shall be made 
on any siach claims, except out of money which may now be in the hands of 
the county superintendents, and which was apportioned to the respective town- 
ships and for the race for which the person taught in the year in which the 
service was rendered. 



28 

used for the benefit of any other township and race until after 
the same shall have reverted to the general fund and been 
reapportioned as provided in the preceding section. 

§ 66 (1147). Neio district, composed of parts of tivo or more 
districts, entitled to proportion of trust fund income. — "When- 
ever any separate school district shall be created which em- 
braces parts of two or more townships, such school district 
shall receive its proportionate share of the trust fund income 
of each of such townships according to school population. 

§ 67 (1148). Amount set apart annually for contingent fund ; 
hoiv draivn ; account kept and itemized report made to governor. 
The superintendent of education shall annually set apart, out 
of the general educational fund, the sum of one thousand dol- 
lars as a contingent fund for his department, and, whenever 
it is necessary to draw on such fund, he shall certify the 
amount necessary, and for what purpose, to the State auditor, 
who shall draw his warrant on the State treasurer for the 
amount. The superintendent of education shall keep an ac- 
curate account of all sums which he may certify to be paid 
out of the educational contingent fund, and shall furnish an 
itemized statement thereof to the governor, each year, with 
his annual report. 

§ 68 (1149). Unexpended contingent fund carried forivard 
and made part of fund for next year. — At the close of each 
scholastic year, any part of the appropriation for educational 
contingent fund which may not be then expended, shall be 
carried forward by the auditor and by the superintendent of 
education and placed to the credit of, and become a part of 
the one thousand dollar appropriation for the educational 
fund of the next succeeding year.* 



CHAPTEE 5. 

Article I. 

SCHOOL lands; incoeporation of townships. 

§ 69 (962). School lands ; icliat, and in tvhom vested. — 
School lands, within the meaning of this Code, are sections 
numbered sixteen, in every township, granted by the United 
States for the use of schools in the township, and such other 
lands as may have been granted any township for the use of 
schools ; and all school lands are vested in the state, in trust 
to execute the objects of the grant. 

* None of the foregoing sections — from 1 to 68 inclusive — except sections 58 
and 59, apply to cities and incorporated towns which are provided for by local 
school laws. 



29 

§ 70 (963). Townships incorporated. — The inhabitants of 
each township in the state are incorporated, by the name of 

" Township , in range ," according to the niimber of 

the surveys of the United States. 



Article II. 

LEASE OF SCHOOL LANDS. 

§ 71 (967). Timber lots reserved.— HhQ trustees, after the 
surveys and plats provided for by article 3 of this chapter, 
may select such lots as they think proper, to reserve from 
cultivation for the benefit of the timber thereon, and must 
mark the same " Reserved " on the plat thereof. 

§ 72 (968). Balance leased ; terms, dc. — The trustees may 
lease, for not exceeding five years, the lots so laid out and not 
reserved; may stipulate for such improvements as tbey deem 
expedient, and require, if they think proper, security for 
rents and improvements ; the rent is to be paid annually, but 
in case of improvements, they may stipulate for the rents to 
commence after the commencement of the lease. 

§ 73 (969). Notes payable to toiunship. — All notes, bonds 
and contracts, for the lease of school lands, are to be made 
payable to the township by its corporate name. 

§ 73a (970). Lease made by auction; notice. — All school 
lands must be leased at some place in the township, at public 
auction ; and at least six weeks previous notice must be 
given, by advertisement, designating the time and place, at 
three public places in the township ; and such other notice as 
the trustees deem expedient. 

§ 74 (971). Duties of lessee. — The lessee is bound to treat 
the kind, houses and improvements in a careful and husband- 
like manner ; to commit no waste ; and must comply with 
such further restrictions as the trustees deem expedient to 
insert in the lease ; and if such lessee, or any person claiming 
under him, commit waste, fail to pay the rent, or to comply 
with any other stipulation, the trustees have the right to de- 
clare the lease forfeited. 

§ 75 (972), Timber lots ; hoiu used. — ^The lots reserved for 
timber are for the common benefit of the lessees of the other 
lots ; but no timber must be cut down, injured, or destroyed, 
as long as there is sufficient on the other lots, which the 
trustees are to determine; and the lessees must in no case 
cut down, injure, or destroy such timber without permission 
from the trustees, which may be given on such terms as they 
think proper, having a due regard to the interest of their 
townships. 



30 

§ 76 (973). Penalties for taldng timber, or trespassing. — Any 
person who, without authority, cuts down, injures, or destroys 
any tree on school lands, shall forfeit and pay for every such 
tree ten dollars, to be recovered before any court having 
jurisdiction, in the corporate name of the township. 

§•77 (974). Fines, turned over to school fund. — -All fines and 
forfeitures under the preceding section are to be paid into the 
state treasury, and added to the principal of the school fund 
of the township. 

§ 78 (4416). Trespass on school land. — Every trespasser on 
school lands is guilty of a misdemeanor, and, on conviction, 
must be fined not less than three times the amount of the 
injury occasioned by such trespass ; and the fine shall be 
added to the principal of the school fund of the township. 



Aeticle III. 



SALE OF SCHOOL LANDS. 



§ 79 (975)» Election as to sale of school lands. — The trustees 
of the free public schools of any township may, on giving 
twenty days notice by advertisement at three of ,the most 
public places therein, hold an election to ascertain the sense 
of the township respecting the sale of school lands belonging 
thereto, and may appoint the place where such election is to 
be held, and three inspectors to manage the same. 

§ 80 (976). Inspectors ; oath of. — The inspectors, before 
holding such election, must take an oath to conduct the same 
fairly, which may be administered by one to the other, and 
they may appoint clerks. 

§ 81 (977). Absence of inspectors. — If any inspectors are 
absent, those present may supply their places, and if none 
attend, any three freeholders or householders of the town- 
ship may act. 

§ 82 (978). Polls ; opening and closing. — The polls are to 
be opened at eleven in the morning, and closed at five in the 
afternoon. 

§ 88 (979). Manner of voting. — The voters must write upon 
their tickets " sale " or " no sale," deposit them in the ballot- 
box, aud the inspectors, after ascertaining the result, must 
certify the same to the trustees. 

§ 84 (980). Survey made and minimum price fixed, if ma- 
jority for sale. — If on such election there is a majority of the 
white male inhabitants of the township, over twenty-one 
years of age, voting in such election, in favor of a sale, the 
trustees are to have the lands surveyed in lots, so as to com- 



31 

mand the highest price ; have a plat of such snrYey _ made j 
and being sworn fairly to value such lots, must fix a minimum 
price upon each. 

§ 86 (981). Plat for insjjedion, — Such plat, with the mini- 
mum price marked upon each lot, is to be kept by one of the 
trustees, free to the inspection of all persons desiring to ex- 
amine the same. 

§ 86 (982). Notice of sale. — As soon as the lands are sur- 
veyed, the trustees must give thirty days notice of the time 
and place of sale by advertisement, at three public places in 
the township, and in such other mode as they think proper. 

§ 87 (983). Sale at auction.— On the day appointed for the 
sale, between the hours of eleven in the morning and two in 
the afternoon, each lot must be offered separately and sold at 
pubHc auction to the highest bidder at or above the minimum 
price. If such minimum price is fifty dollars, or under, the 
sale must be for cash ; if the minimum price is over fifty 
dollars but not more than one hundred and fifty dollars, the 
sale must be on a credit of one year, unless the amount bid 
for the lands should exceed one hundred and fifty dollars, in 
which event the sale must be on a credit of one and two 
years, in equal annual installments ; if the minimum price, or 
the amount bid for the lands, is one hundred and fifty dollars 
or over, but less than three hundred dollars, the sale must be 
on a credit of one and two years, in equal annual install- 
ments ; if the minimum price, or the amount bid for the land 
is over three hundred dollars, but less than five hundred dol- 
lars, the sale must be on a credit of one, two and three years, 
in equal annual installments ; and if the minimum price, or 
the amount bid for the lands, is five hundred dollars or more, 
the sale must be on a credit of one, two, three and four years, 
in equal annual installments ; when the sale is on credit the 
purchaser must give his notes, with two or more sureties, ap- 
proved by the trustees, payable to the State of Alabama, for 
the use of township , range , designating it by num- 
bers, and specifying, by the legal sub-divisions, the particular 
portion or portions of the section for which the notes are 
given. All notes for purchase of school lands, sold under 
provision of this article, must bear interest at eight per cent, 
per annum from date. 

§ 88 (984). Provisions directory. — The provisions of this 
article in relation to the sale of school lands, must be con- 
strued as directory only. 

§ 89 (985) Beport of sale to superintendent of education. — 
The trustees making such sale must make a return thereof 
within twenty days thereafter to the superintendent of educa- 
tion, which return must specify the date of the sale, the 
names of the purchasers, and the quantity and particular 



description of the land sold to each, and the price paid or to 
be paid by each purchaser, and the amount of the purchase 
money retained to defray the expenses of the survey and sale 
of the same. The trustees must, at the same time, pay over 
to the superintendent of education all the money which may 
have been received by them as purchase money for such 
lands, after deducting such amount as they may be allowed 
by law to retain to defray the expenses of the survey and 
sale ; and must also, at the same time, turn over to the super- 
intendent of education all notes which may have been taken 
by them for such lands, and such superintendent must give a 
receipt for such money, and such notes, and file the returns 
and notes in his office, and make a proper record of the notes. 

§ 90 (986). Be-sale. — If any purchaser fail to make the 
payment, or give his notes with approved securities, as re- 
quired by section 983 (604), the land so bid off by such per- 
son must be immediately resold if practicable, but if it is not 
practicable to make the resale at once, it must be advertised 
and resold at a future day, as if no sale had been made ; and 
the first purchaser shall be responsible for the difference 
between his bid and the amount for which the lot is subse- 
quently sold, if such amount is less than the bid of such first 
purchaser. 

§ 91 (987). Certificate of purchase. — The trustees, on the 
execution of the notes, must give to the purchaser a certifi- 
cate of purchase, showing the quantity of land in acres, 
describing the lots purchased, and specifying the amount of 
the purchase money. 

§ 92 (988). Effect of certificate. — Such certificate conveys 
to the person therein named, his heirs or assigns, a condi- 
tional estate in fee, to become absolute on the payment of 
the purchase money and interest ; and which reverts to the 
state for the uses originally granted, in the following cases : 

1. When all the notes have become due, and the makers 
have left the state or died insolvent. 

2. When a recovery on such notes is defeated, by any 
defense avoiding the contract of sale. 

3. When a recovery is had against all the makers, and 
execution has been returned, " no property," by the proper 
officer of the county in which the township lies; or when 
judgment is had, and execution returned against any one or 
more of such makers, " no property," the others having left 
the state or died insolvent. 

§ 93 (989). Title re-vests — No proceeding is necessary to 
re-vest the title in the state on the happening of the events 
specified in the preceding section, but such lands may be re- 
covered in the name of the state, for the use of the township, 
against any person in possession of the same, upon proof of the 



facts ; and it is the duty of the clerk of the court where the suit 
was pending, or the judgment recovered, to certify the facts 
to the superintendent of education, on the happening of the 
events specified in the second and third sub-divisions of the 
preceding section ; and failing to do so within a reasonable 
time, forfeits the sum of one hundred dollars — one-half to 
the person suing for the same, and the other to the state for 
the use of the township. When no money is recovered in 
suits on notes for purchase of school lands, no costs must be 
taxed against the township for such suits.* 1 

§ 94 (990). Compensation of trustees, &c, — For holding the 
election and. making the sale, as in this article provided, the 
trustees are entitled to two dollars each, which, together with 
the amount which may be allowed by law to the county sur- 
veyor for making the surveys and plats herein provided for, 
shall be retained by the trustees out of the purchase money 
for the lands, and purchasers shall in ail cases pay enough 
cash to defray such expenses ; and if the trustees fail to make 
the payment, or return of the sale to, or deposit of the notes 
with the superintendent of education, as provided in section 
89 (985), each of the trustees so in default shall forfeit one 
hundred dollars — one-half to the person suing for the same, 
and the other half to the state for the use of the township ; 
and on the trial the certificate of the superintendent of edu- 
cation as to such failure is presumptive evidence thereof. 

§ 95 (991). Fhies go to school fund. — The amount received 
by the state upon recoveries had under the preceding section, 
is to be added to the principal of the school fund of the 
township. 

§ 96 (992). Patent. — A patent issues on the payment of 
the purchase money, to the purchaser, his heirs, or assigns ; 
and when the patent is to the heirs, it vests a title in all per- 
sons entitled to claim in that capacity, under the provisions 
of this Code. 

§ 97 (993). Patent issues hy secretary of state upon evidence 
of payment. — The secretary of state must: issue patents upon 
satisfactory evidence furnished him of full payment of pur- 
chase money to any person, agent or officer, legally author- 
ized to receive such payment. 

§ 98 (994). Patent issues by governor. — The governor is au- 
thorized to issue a patent for sixteenth section lands sold by 
the trustees of any township in this state prior to the first 
day of February, 1876, to any person applying therefor upon 
evidence satisfying him that the purchase money has been 
paid, and that the applicant is entitled to a patent. 

*See section 103 . 

(1). Sees 38 Ala. 600 as to adverse possession, and statute of limitationa 

3 



36 

commissioners. They shall also elect a county superintendent 
of education, who shall hold his office for the period of four 
years, and they may elect or appoint such other officers and 
agents as they may frorn time to time deem expedient. The 
members of the board and the county superintendent shall 
severally make oath before the judge of probate of Mobile 
county, that they will faithfully and properly demean them- 
selves in their respective offices to the best of their abihty. 

§111(1229). Incorporation of hoard ; general powers. — The 
board of school commissioners shall receive, levy, assess and 
collect all devises, revenues and taxes to which they were by 
law entitled at the date of the organization of the Board of 
Education of the State of Alabama, and they shall have full 
power to continue in force, revise, modify and improve, as to 
them may seem fit, the public school system existing in the 
county of Mobile, and to make such by-laws, rules and regu- 
lations not inconsistent with the laws of this State and of the 
United States, for the government of the board and of such 
schools, as they may deem expedient or necessary. They 
shall hold regular meetings of the board at such times as 
they may fix upon, and adjourned or special meetings when 
necessary. Five members of the board shall constitute a 
quorum for the transaction of business, but no business in- 
volving a change in the system, rules or regulations, or affect- 
ing the general interest of the county, shall be transacted 
except at the regular meeting, after due notice given, or when 
a full board is in attendance. The board shall be a body cor- 
porate, may have a common seal, may sue and be sued, shall 
have power to purchase or lease such property for school 
purposes as in their judgment may be necessary for the proper 
accommodation and comfort of pupils and teachers, and may 
fix the compensation and bonds of its officers, agents and 
employes, and change the same at pleasure ; but the sum or 
sums so expended shall hot exceed, in any one year, twenty 
per cent, of the income of the board, exclusive of the amounts 
derived from the public school revenue. The board shall 
also have power to sell or exchange any of the property, the 
Barton Academy buildings only excepted ; but when the value 
of such property shall not exceed five thousand dollars, two- 
thirds of the members of the board shall vote in favor of the 
sale, and when the value exceeds five thousand, the sale, to 
be valid, shall receive the unanimous vote of the board, and 
be approved by the judge of probate of Mobile county. 

§ 112 (1230). Filling of vacancies ; proceedings recorded ; 
semi-annual publications ; report to superintendent. — The board 
of school commissioners have power to fill any and all vacan- 
cies that occur therein, or in the office of superintendent, and 
the persons that may be elected by the board to fill vacancies 



37 

shall hold their offices until the term for which their prede- 
cessors were elected shall expire. The board shall cause full 
minutes of its proceedings to be kept, in well bound books, 
subject at all times to the inspection of the citizens of Mobile 
county. It shall cause to be published semi-annually, in one 
or more newspapers published in the city of Mobile, a full 
statement of the revenue and disbursements of the preceding 
six months, the number of schools kept, of teachers employed, 
and of pupils instructed. It shall transmit annually to the 
superintendent of education, to be by him laid before the 
General Assembly, a full statement of its receipts and dis- 
bursements during the year, and such further information 
and statistics of its transactions as the superintendent may 
require. 

§ 1 13 (1231). The county swperintendent of Motile county. — 
The county superintendent of education shall be ex-officio a 
member and treasurer of the board of school commissioners, 
and it shall be his duty to be present at every regular meet- 
ing of the board, and make full and detailed reports of the 
condition of the schools and of all matters coming under his 
supervision as often as the board may require. He shall have, 
under the direction of the board, general supervision of all 
the public schools in the county of Mobile, shall collect, re- 
ceive and disburse the revenues of the board under such 
rules and regulations therefor as the board may from time to 
time prescribe, and shall make detaoiled exhibits of all receipts 
and expenditures, accompanied by proper vouchers, at such 
times as the board may require, and, in general, shall perform 
ail duties and carry into effect all orders and resolutions 
which the board may establish and direct. He shall receive 
such compensation for his services as the board may ordain, 
and may at any time be removed from office for dereliction in 
duty, after due examination had ; but not less than two-thiids 
of the members comprising the board shall vote in favor of 
such removal. He shall give good and sufficient bond, to be 
approved by the president of the board and the judge of pro- 
bate of the county, in such sum as the board may determine ; 
but the penalty of the bond shall not be required to exceed 
double the amount of money which the superintendent can 
receive and have in possession at any one time. 



Akticle II. ^ y J'' 

MONTGOMEEY. ■'''^ 

§ 114 (1219) . Corporate limits a district. — The corporate 
limits of the city of Montgomery shall constitute a school dis- 



36 

commissioners. They shall also elect a county superintendent 
of education, who shall hold his office for the period of four 
years, and they may elect or appoint such other officers and 
agents as they may from time to time deem expedient. The 
members of the board and the county superintendent shall 
severally make oath before the judge of probate of Mobile 
county, that they will faithfully and properly demean them- 
selves in their respective offices to the best of their ability. 

§111(1229). Incorporation of hoard ; general powers. — The 
board of school commissioners shall receive, levy, assess and 
collect all devises, revenues and taxes to which they were by 
law entitled at the date of the organization of the Board of 
Education of the State of Alabama, and they shall have full 
power to continue in force, revise, modify and improve, as to 
them may seem fit, the public school system existing in the 
county of Mobile, and to make such by-laws, rules and regu- 
lations not inconsistent with the laws of this State and of the 
United States, for the government of the board and of such 
schools, as they may deem expedient or necessary. They 
shall hold regular meetings of the board at such times as 
they may fix upon, and adjourned or special meetings when 
necessary. Five members of the board shall constitute a 
quorum for the transaction of business, but no business in- 
volving a change in the system, rules or regulations, or affect- 
ing the general interest of the county, shall be transacted 
except at the regular meeting, after due notice given, or when 
a full board is in attendance. The board shall be a body cor- 
porate, may have a common seal, may sue and be sued, shall 
have power to purchase or lease such property for school 
purposes as in their judgment may be necessary for the proper 
accommodation and comfort of pupils and teachers, and may 
fix the compensation and bonds of its officers, agents and 
employes, and change the same at pleasure ; but the sum or 
sums so expended shall hot exceed, in any one year, twenty 
per cent, of the income of the board, exclusive of the amounts 
derived from the public school revenue. The board shall 
also have power to sell or exchange any of the property, the 
Barton Academy buildings only excepted ; but when the value 
of such property shall not exceed five thousand dollars, two- 
thirds of the members of the board shall vote in favor of the 
sale, and when the value exceeds five thousand, the sale, to 
be valid, shall receive the unanimous vote of the board, and 
be approved by the judge of probate of Mobile county. 

§112(1230). Filling of vacancies ; proceedings recorded; 
semi-annual publications ; report to superintendent. — The board 
of school commissioners have power to fill any and all vacan- 
cies that occur therein, or in the office of superintendent, and 
the persons that may be elected by the board to fill vacancies 



37 

shall hold their offices until the term for which their prede- 
cessors were elected shall expire. The board shall cause full 
minutes of its proceedings to be kept, in well bound books, 
subject at all times to the inspection of the citizens of Mobile 
county. It shall cause to be published semi-annually, in one 
or more newspapers published in the city of Mobile, a full 
statement of the revenue and disbursements of the preceding 
six months, the number of schools kept, of teachers employed, 
and of pupils instructed. It shall transmit annually to the 
superintendent of education, to be by him laid before the 
General Assembly, a full statement of its receipts and dis- 
bursements during the year, and such further information 
and statistics of its transactions as the superintendent may 
require. 

§ !l3 (1231). The county superintendent of Mobile county. — 
The county superintendent of education shall be ex-officio a 
member and treasurer of the board of school commissioners, 
and it shall be his duty to be present at every regular meet- 
ing of the board, and make full and detailed reports of the 
condition of the schools and of all matters coming under his 
supervision as often as the board may require. He shall have, 
under the direction of the board, general supervision of all 
the public schools in the county of Mobile, shall collect, re- 
ceive and disburse the revenues of the board under such 
rules and regulations therefor as the board may from time to 
time prescribe, and shall make detailed exhibits of all receipts 
and expenditures, accompanied by proper vouchers, at such 
times as the board may require, and, in general, shall perform 
all duties and carry into effect all orders and resolutions 
which the board may establish and direct. He shall receive 
such compensation for his services as the board may ordain, 
and may at any time be removed from office for dereliction in 
duty, after due examination had ; but not less than two-thiids 
of the members comprising the board shall vote in favor of 
such removal. He shall give good and sufficient bond, to be 
approved by the president of the board and the judge of pro- 
bate of the county, in such sum as the board may determine ; 
but the penalty of the bond shall not be required to exceed 
double the amount of money which the superintendent can 
receive and have in possession at any one time. 



Article II, ^ / .s*- 

MONTGOMERY. <5 

§ 114 (1219) . Corporate limits a district. — The corporate 
limits of the city of Montgomery shall constitute a school dis- 



38 

trict, separate from the remaining districts and parts of dis- 
tricts of the county of Montgomery. 

§ 115 (1220). City hoard of education. — The public schools 
of the city of Montgomery shall be under the management of 
a city board of education, consisting of six members, to be 
elected annually at their first meeting in January, by the city 
council of Montgomery, one from each ward, who shall act 
without pay. 

§ 116 (1221). Pro rata share of school fund. — The city of 
Montgomery, as such school district, shall receive its propor- 
tionate share of the public school revenue, including a pro rata 
share of the sixteenth section fund of each township that lies 
partly within the corporate limits of the city, to be paid to the 
city superintendent of education, and to be appropriated 
exclusively to the maintenance of the public schools of the 
city. 

§ 117 (1222). Duties, powers and salary of city superintendent 
of education. — The city board of education, and the public 
schools of the city, subject to their management, shall be under 
the supervision of the city superintendent of education, with 
the same powers and duties as a county superintendent, and 
with such salary as the city board of education may determine, 
to be approved by the State superintendent of education, and 
to be paid from the city treasury as other city officers are 
paid. 

§118 (1223). Election of city superintendent ; supervision of 
State superintendent. — The city superintendent of education 
shall be elected by the city board of education, and both he 
and the city board of education shall be under the superin- 
tendent of education. 

§ 119 (1224). Duties of city superintendent. — The city super- 
intendent must exercise general supervision of the public 
schools in the city, must make full and complete reports to 
the superintendent of education, and must perform such other 
duties as are required of county superintendents of education 
under the general school laws. j^ 

Article III. / v .1. 



SELMA. 




\ 



§ 120 (1213). Selma, a school district. — The corporate limits 
of the city of Selma shall constitute a school district, separate 
from the other school districts of the county of Dallas. 

§ 121 (1214). City superintendent; how he qualifies; his 
commission; co-operation in keeping up schools in city. — There 
shall be a superintendent of education for the city of Selma, 
and he shall give bond and qualify as required by law of 



39 

oounty superintendents, and he shall be commissioned as 
superintendent of public schools in the city of Selma, and he 
is authorized to co-operate with the board of education of the 
city of Selma in keeping up schools in the city ; and he is 
also authorized to make with the educational institutions in 
the city of Selma all such necessary and proper arrangements 
for the keeping up, managing and conducting the schools in 
the city, as may be found best for the interests of the citizens 
thereof. 

§ 122 (1215). Under jurisdiction of superintendent of educa- 
tion; appointee in case of vacancy. — The superintendent of 
education for the city of Selma shall be under the jurisdiction 
and control of the superintendent of education, and in the 
event of a vacancy occurring at any time, by death, resigna- 
tion or removal from office, such vacancy shall be filled by 
appointment by the superintendent of education, and such 
appointee shall give bond and qualify as other county super- 
intendents. 

§123 (1216). Bevemtes ; how draion and disbursed. — The 
city of Selma, as such school district, shall receive its propor- 
tional share of the public school funds, including a pro rata 
share of the sixteenth section fund of each township that lies 
partly within the corporate limits of the city, the revenues to 
be drawn and disbursed by the city superintendent of educa- 
tion in the same manner as county superintendents of educa- 
tion draw and disburse revenues for their respective counties, 
and the amount thus drawn by the city superintendent of edu- 
cation shall be used exclusively for the maintenance of public 
schools in the city. 

§ 124 (1217). Compensation of city superintendent. — The 
superintendent of education for the city of Selma shall receive 
for his services such amount as shall be fixed by the super- 
intendent of education, but in no event shall his compensa- 
tion exceed the sum of one hundred dollars per annum. 

§ 125 (1218). Enumeration of childr en. -r^The city superin- 
tendent shall, during the month of May, 1877, and every two 
years thereafter, cause to be made an enumeration of all the 
children, white and colored, male and female, between the 
ages of seven and twenty-one years, who reside in the cor- 
porate limits, and make report thereof to the superintendent 
of education, by or before the first day of October in each 
year, of the enumeration, and compensation shall be allowed 
for such enumeration not to exceed five cents for each person 
enumerated ; and such compensation may be paid out of the 
funds raised by the city of Selma for school purposes. 



40 
Aeticle IV. 

HUNTSYILLE. 

§ 126 (1190). Htintsville, a district. — The corporate limits 
of the city of Huntsville shall constitute a school district, 
separate from the remaining school districts of the county of 
Madison and State of Alabama. 

§ 127 (1191). Fro rata share of school revenues to he received 
and disbursed hy city superintendent. — The city of Huntsville, 
as such school district, shall receive its proportional share of 
the public school revenues, including a pro rata share of the 
sixteenth section funds of each township that lies partly within 
the corporate limits of said city, and shall also receive all the 
tax collected as poll tax within the corporate limits of the city ; 
the revenues to be drawn and disbursed by the city superin- 
tendent of education in the same manner as county superin- 
tendents of education draw and disburse revenues for their 
respective counties, and the amount thus drawn by the city 
superintendent of education shall be used exclusively for the 
maintenance of public schools in the city. 

§ 128 (1192). City superintendent ; hond, powers and duties. 
There shall be a superintendent of education for the city of 
Huntsville, and as such superintendent he shall give bond 
and qualify as required by law of county superintendents, 
and shall be commissioned as superintendent of public schools 
in the city of Huntsville ; and such superintendent is author- 
ized to co-operate with the board of mayor and aldermen of 
the city of Huntsville, in keeping up schools in- the city of 
Huntsville, and he is also fully authorized to make contracts 
with teachers for such schools, and to make with the educa- 
tional institutions in the city of Huntsville all such necessary 
and proper arrangements for the keeping up, managing and 
conducting the schools in the city as may be found best for 
the interests of its citizens. 

§ 130 (1193). He is under control of state superintendents- 
removal; appointee, in case of vacancy. — The superintendent 
of education for the city of Huntsville shall be under the 
jurisdiction and control of the superintendent of education, 
and in the event of a vacancy occurring, by reason of removal 
from office of the city superintendent of education by the 
superintendent of education, or from any cause, the superin- 
tendent of education shall appoint his successor; and such 
appointee shall give bond and qualify as other county super- 
intendents. 

§ 131 (1194). Compensation of superintendent for city. — The 
superintendent of education for the city of Huntsville shall 
receive for his services such compensation as may be fixed by 



41 

the superintendent of education ; but in no event shall it 
exceed one hundred dollars. 

§ 132 (1195). Enumeration of children, report thereof, and 
compensation. — The city superintendent shall, during the month 
of September, 1877, and every two years thereafter, cause to 
be made an enumeration of all the children, white and colored, 
male and female, between the ages of seven years and twenty- 
one years, who reside in the corporate limits of Huntsville, 
and make report thereof to the superintendent of education 
by or before the first day of October in each year in which 
the enumeration shall be taken ; and compensation shall be 
allowed for such enumeration, not to exceed five cents for 
each person enumerated ; but such money may be paid out 
of the money raised by the city of Huntsville for school pur- 
poses. 

Article Y. 

EHFAULA. 

§ 133 (1200). Eifaula, a school district. — The corporate 
limits of the city of Eufaula shall constitute a school district, 
separate and distinct from the remaining school districts and 
parts of districts of the county of Barbour. 

§ 134 (1201). City board of education. — The public schools 
of the city of Eufaula shall be under the management of a 
city board of education, consisting of five members, to be 
elected annually by the city council of Eufaula, at their first 
meeting in January, one from each ward of the city, and one 
from the city at large, who shall serve without pay. 

§ 135 (1202). Management and supervision of city public 
schools and officers. — The city board of education, and the pub- 
He schools subject to their management, shall be under the 
supervision of the city superintendent of education, with the 
same powers and duties as county superintendents of educa- 
tion, with such salary as the city board of education may 
determine, to be paid out of the city treasury, as other city 
officers are paid. The city superintendent of education shall 
be elected by the city board of education. The city board 
of education and the city superintendent shall be under the 
superintendent of education, as the county school officers 
are. 

§ 186 (1203). Duties of city su-perintendent — The city super- 
intendent must take general supervision of the public schools 
in the city, make full and complete reports to the superintend- 
ent of education, as the law requires of county superintendents 
of education, and perform such other duties as are required 
of county superintendents under the general school law. 



42 

§ 137 (1204). Apportionment and disbursement of school rev- 
enues.— llhe city of Eufaula, as such school district, shall re- 
ceive its proportionate share of the public school fund, includ- 
ing a pro rata share of the sixteenth section fund of each 
township that lies partly within the corporate limits of the 
city, such fund to be drawn and disbursed by the city super- 
intendent of education, in the same manner as county super- 
intendents of education draw and disburse funds for their 
respective counties, and the amounts thus drawn by the city 
superintendent of education shall be used exclusively for the 
maintenance of the free public schools in the city. 



Aeticle YI. 
birmingham. 

§ 138 (1196). Birmingham, a school district. — The corpor- 
ate limits of the city of Birmingham shall constitute a school 
district separate from the remaining school districts of the 
county of Jefferson. 

§ 139 (1197). School revenues, and their disbursement. — The 
city of Birmingham, as such separate school district, shall 
receive the proportionate share of the public school fund 
coming to the county of Jefferson, including a pro rata share 
of the sixteenth section fund of each township that hes partly 
within the corporate limits of the city, the fund to be drawn 
and distributed by the city superintendent of education in the 
same manner as county superintendents of education draw 
and disburse funds for their respective counties, and the 
amount thus drawn by the city superintendent of education 
shall be used exclusively for the maintenance of public 
schools in the city ; and the city of Birmingham is authorized 
to increase its school fund by receiving donations, but for the 
disbursements of all donated funds, the city superintendent 
shall not be entitled to any compensation. 

§ 140 (1198). City superintendent ; his oath, bond, and gen- 
eral duties. — The board of mayor and aldermen of Birming- 
ham is authorized to elect a city superintendent of education, 
at any regular meeting, every four years. Such superin- 
tendent shall, before entering on the duties of the office, take 
the oath of office prescribed by law for all officers in this 
state, and shall give bond in such sum as may be fixed by the 
board of mayor and aldermen, but to be for not less than 
double the amount of money which he may have in his hands 
at any one time, and conditioned as all other official bonds. 
Such bond shall be approved by the mayor of Birmingham, 



43 

and filed with other official bonds of the city, and a copy- 
thereof, certified by the clerk of the city, shall be sent to the 
state superintendent of education, to be approved by him 
also, and filed in his office. Such city superintendent of 
education shall perform such duties as may be required of 
him by state laws and by municipal regulations subordinate to 
such state laws. 

§ 141 (1199). Removal, of superintendent ; vacancy, how 
filed ; disqualification: commission; salary. — The superintend- 
ent of education for the city of Birmingham may be removed 
for cause, at any time, by either the mayor and board of 
aldermen of Birmingham, or by the state superintendent of 
education ; and when removed by either, he shall be ineligi- 
ble to re-election during the term for which he was originally 
elected. All vacancies in the office of city superintendent 
shall be filled by election by the board of mayor and alder- 
men, at any regular meeting, and the person so elected shall 
hold for the unexpired term, and shall qualify and give bond 
as provided in the preceding section. The city superintend- 
ent of education for Birmingham shall be commissioned by 
the state superintendent of education, and he shall receive 
such salary, to be paid out of the city treasury, as the board 
of mayor and aldermen may fix, not to exceed one hundred 
dollars. 

Article VII. 

OPELIKA. 

§ 142 (1205). Opelika, a school district. — The corporate 
limits of the city of Opelika shall constitute a school district, 
separate and distinct from the remaining school districts and 
parts of school districts of the county of Lee, and the general 
law regulating the public schools of the state shall apply to 
such school district, except as hereinafter provided. 

§ 143 (1206). City hoard of trustees.— The public schools 
of the city of Opelika shall be under the control of the city 
board of trustees, consisting of nine members, to be elected 
by the city council of Opelika at their first meeting in January, 
1877, and every two years thereafter, of whom five shall con- 
stitute a quorum for the transaction of business. 

§144(1207). Chairman of board ; treasurer; poivers and 
duties of hoard. — The board "of trustees, at their first meeting, 
shall elect one of their number chairman, and a treasurer, 
who shall give bond in double the amount of any moneys 
that may come into his hands ; and the board of trustees shall 
exercise all powers, and be subjected to all the duties pre- 
scribed by law for township board of trustees, but in addition 



44 

to such powers and duties, the board may exercise all other 
powers and discharge all other duties imposed by the ordi- 
nances of the city council, tor the city of Opelika, so far as 
may be involved in the collection and distribution of money 
arising from local and special laws, or from any other source 
than the school fund of the state. 

§ 145 (1208). Election of city superintendent and teachers ; 
rules and regulations for schools. — The city board of trustees 
shall have power to elect a city superintendent of public 
schools, and such teachers as may be necessary in the schools, 
and shall establish such rules and regulations for the manage- 
ment of such schools as are not inconsistent with the school 
laws. 

_ § 146 (1209). The city superintendent, and his duties. — The 
city superintendent shall have a general supervision of all the 
public schools in the city, and may teach in one of the 
schools of the highest grade, and shall receive such compen- 
sation, be subject to such rules and regulations as the city 
board of trustees may establish, and shall make full and com- 
plete reports to the county superintendent as are required by 
law, and shall perform such other duties as city superintend- 
ent and principal teacher as may be required by the city 
board of trustees, not inconsistent with the general school 
laws of the state. 

§ 147 (1210). Pro rata share of school moneys ; applied only 
to payment of teachers. — The city of Opelika, as a separate 
school district, shall receive its proportionate share of the 
school revenues apportioned to the county of Lee, including 
a pro rata share of the sixteenth section fund of each town- 
ship that lies partly within the corporate limits of the city, 
and all the poll tax collected in the corporate limits of the 
city; and the county superintendent of education of Lee 
county shall keep the moneys separate and apart from the 
other school revenues of the county of Lee, to be used ex- 
clusively for the payment of teachers in the public schools of 
the city of Opehka. 

§ 148 (1211). Approval and payment of teachers' accounts. — 
The accounts of teachers for services rendered in the public 
schools of the city of Opelika, when approved by the board 
of trustees, shall be paid by the county superintendent of 
education of Lee county, as other teachers in said county are 
paid. 

§ 149 (1212). Beceipt and disbursement of other than school 
revenue. — The board of trustees of the city of Opelika may 
receive and disburse all moneys derived from taxation, ap- 
propriation or otherwise, exclusive of that received from the 
public school revenue, under such rules and regulations as 



45 

the city board of trustees may provide, subject to tli© pro- 
visions of the fifth preceding section. 



Article VIII. 

DADEVILLE. 

§ 150 (1185). Dadeville a separate district. — The corporate 
limits of Dadeville, Tallapoosa county, Alabama, shall con- 
stitute a school district separate and apart from the remain- 
ing school districts of the county of Tallapoosa. 

§ 151 (1186). Pro rata share of school revenues set apart 
and used in the town. — The town of Dadeville, as such school 
district, shall receive its proportionate share of the public 
school revenue, including a pro rata share of the sixteenth 
section fund of each township that lies partly within the cor- 
porate limits of the town, and shall also receive all the tax 
collected as poll tax within the corporate limits of the town ; 
and the superintendent of education of Tallapoosa county 
shall set apart from the public school revenues of the county, 
and disburse and use such pro rata share exclusively for the 
maintenance of the public schools in the town of Dadeville. 

§ 152 (1187). County superintendent co-operates with town 
in keeping tip schools. — The county superintendent of educa- 
tion of Tallapoosa county, shall co-operate with the intendant 
and board of councilmen of the town of Dadeville in keeping 
up the schools, both white and colored, in the town of Dade- 
ville. 

§ 153 (1188). Trustees and their powers and didies. — The 
intendant and board of councilmen of the town of Dadeville 
shall constitute a board of trustees for the school district ; 
and the board of trustees are authorized to establish and 
locate the number of public schools to be taught each year 
within the school district, whether for males or females, 
white or colored ; and perform all other duties imposed on 
other township trustees in this state. 

§ 154 (1189). Control and disburse revenues of district. — 
The board of trustees, as constituted in the preceding section, 
shall control, manage and disburse all revenues which may 
be raised by special tax or otherwise for the maintenance of 
the public schools within the limits of the town of Dadeville, 
under such rules and regulations as such board of trustees 
may prescribe ; but where donations or contributions are 
made to a school in the district, the board of trustees shall 
apply the donations or contributions in the manner indicated 
by the parties contributing. 



46 
Article IX. 

OXMOOK. 

§ 155 (1232). District conditionally established; its bounda- 
ries. — A separate school district, to be known as the " Osmoor 
district," is hereby established, as hereinafter provided, at 
Oxmoor, in the county of Jefferson, in townships 18 and 19, 
range 3, west, the boundary of which shall be one mile and 
three-quarters each way from the Eureka furnace. 

§ 156 (1233). Trustees named ; duty to hold election to ascer- 
tain loill of citizens of district ; vote taken viva voce ; tioo-thirds 
majority thereof being proijerty holders, necessary to establish 
district.— James Thomas, Henry Fancher, John W. Perry. 
E. C. Bradley, A. Bears, W. S. Earnest, and James O'Neal, 
are appointed trustees of the school district, who shall, on 
the first Monday in May, 1877, hold an election in the dis- 
trict for the purpose of ascertaining the will of the citizens of 
the district ; the vote shall be taken viva voce for or against 
the school district, and if two-thirds of the voters vote for the 
district, and a majority of the two-thirds be property 
holders, then the above trustees shall proceed to establish 
the school district under the regulations hereinafter set 
forth. 

§ 157 (1234). Poioer of trustees to levy taxes for school and 
building purposes. — The trustees, and their successors in office, 
shall have the power to levy a tax on all property, both real 'y" 
and personal, within the bounds of such school district, not to 
exceed half of one per cent, for school purposes ; and for the 
first and second years, half of one per cent, for building pur- 
poses. 

§ 158 (1235). Trustees may buy lands for school houses ; 
deeds taken to themselves ; may build school houses, and until 
built may rent ; may employ teachers. — The trustees shall have 
the right to buy lands for the purpose of building school 
houses, taking the deeds to themselves and successors, and 
to build suitable houses for schools, and to employ teachers 
for the present year, and for the purposes of schools, until 
they can build, shall have the power to rent suitable houses. 

§ 159 (1236). Election and terms of trustees, — On the first 
Monday in May, 1878, there shall be an election held to elect 
six trustees in the school district, two of whom shall hold 
their office for one year, two for two years, and two for three 
years. At the first meeting of the trustees after the election, 
they shall draw lots for the terms, and two shall thereafter be 
elected annually. 

§ 160 (1237). Powers of trustees ; may be sued. — The trus- 
tees shall have the power to sue and be sued, to buy and 



47 

sell property, or to exchange, not to exceed three thousand 
dollars; bnt shall not have the power to create any mort- 
gages or liens on the property, or to create any debt to ex- 
ceed two hundred dollars. 

§ 161 (1238). Proportional share of school revemie ; poll tax. 
The trustees shall receive from the county superintendent the 
proportional share of the school fund apportioned to town- 
ships 18 and 19, range 3, west, according to the number of 
children in such district of the proper school age ; they shall 
also receive all the poll tax paid by the tax-payers within 
Oxmoor district ; but the poll tax paid by white tax-payers 
shall be appropriated to the white schools, and the poll tax 
paid by colored tax-payers shall be appropriated to the col- 
ored schools. 

§ 162 (1239). Trustee must be property holder, liable to taxa- 
tion in district.— "No person shall be elected a trustee who is 
not a property holder, liable to be taxed within the limits of 
the school district. 

§ 163 (1240). Schools to be established, time each year. — The 
trustees shall establish two or more public schools, one for 
the white and one for the colored children, in the school dis- 
trict, for not less than four months nor more than ten months 
every year. 

§ 164 (1241). Vacancy in board of trustees ; how filled. — 
When a vacancy occurs of one or more of the board of trus- 
tees, the remaining trustee or trustees shall fill the vacancy 
until the next regular election. 

§ 165 (1242). Trustees may receive pupils not living within 
the district. — The trustees shall have power to receive any 
scholars not living within the limits of the district on such 
terms as may be agreed upon. 

§ 166 (1243). The powers granted in this article not to affect 
special liquor prohibition law. — The powers herein granted 
shall not alter, abridge or otherwise effect the law now in 
force prohibiting the sale of intoxicating liquor within a cer- 
tain limit. 

§ 167 (1244). Elections governed by general law, except other- 
wise provided. — All elections in said district shall be governed 
by the laws of the state, except as provided for in section two 
of this article. 

Article X. 

MABION.* 

§ 168, Marion a school district. — The corporate limits of the 

*The town of Marion was constituted a separate school district by Act ap- 
proved February 5, 1877. 



town of Marion, in Perry county, shall constitute a public 
school district, separate and apart from the other school dis- 
tricts in said county, and the inhabitants of such district are 
hereby incorporated by the name of the " School District of 
Marion." 

§ 169. Board of trustees ; potuers. — To carry out the pur- 
poses of said incorporation P. B. Lawson, B. M. Hewey, A. 
C. Howze, J. G. Apsey and H. H. Hurt are hereby constituted 
and appointed a board of trustees of said " School District 
of Marion," who shall have power to purchase, receive, hold 
and convey for and in behalf of said school district, all such 
real and personal property as may be necessary or proper for 
the purposes of such incorporation, and who shall control the 
disposition of all funds which may be received by or for said 
school district. 

§170. Trustees organize; secretary ; treasurer. — ^As soon as 
practicable after the passage of this act, the said persons 
hereinabove named, or a majority thereof, shall proceed to 
organize said board of trustees by electing one of their num- 
ber president of the board, and by electing some suitable 
person or persons, whether members of the board or not, as 
secretary of the board, and treasurer of the school district ; 
Provided, however, The secretary of the board and treasurer 
of the district may be one and the same person if the board 
shall so elect. 

§ 171. Terms of service. — The term of service of the persons 
hereinabove named as trustees shall be two years from the 
approval of this act, and their successors and all subsequent 
boards of trustees for such school district, shall be elected 
by the mayor and council of the town of Marion, and the 
terms of service of all trustees elected by such mayor and 
council shall be for two years, except when a trustee is elected 
to fill a vacancy before the expiration of the regular term, in 
which event the person so elected shall only hold until the 
beginning of the next regular term, or until his successor 
shall be elected. 

§ 172. Compensation of secretary and treasurer; expenses 
limited to four per cent. — The terms of service of the secretary 
and treasurer shall be for two years from the date of their 
election, but they may be removed by said board of trustees 
at any time. They shall receive such compensation as may 
be fixed by the board of trustees, out of the funds of the 
school district ; Provided, Jioivever, That not more than four 
per centum of all funds received by said district from the 
State for school purposes, shall be used for any other pur- 
pose than the payment of teachers in the free public schools 
of said district. The board shall require of the treasurer so 
elected a bond in such amount as may be fixed by them, pay- 



49 

able to said school district, and to be approved by the presi- 
dent of thfe board and filed with him, conditioned safely to 
keep and to disburse according to law all money which may 
come into his hands as treasurer of said school district. A 
copy of said bond, certified by the president of the board, 
shall be filed in the office of the State superintendent of edu- 
cation. The board may require a new or additional bond, 
with other or additional securities, and a dijfferent amount, 
whenever they see proper so to do. 

§ 173. District receives school fund. — "Whenever the said 
board shall be organized in accordance with the provisions of 
this act, the said school district shall be entitled to receive its 
proportionate share of all funds raised or appropriated by the 
State for public schools, and shall also receive its fro rata 
share of the sixteenth section interest accruing to .the several 
townships of parts of which the said school district of Marion 
is composed, and it shall also receive all poll tax which may 
be collected from residents of said 'school district, and all 
funds which may be appropriated by the mayor and council 
of the town of Marion, or which may be donated for said 
school district. All funds for said school district shall be 
paid to the treasurer of the district, who shall receipt for the 
same ; and the superintendent of education for the State shall 
give the necessary orders and instructions, and issue the 
necessary certificates to secure payment to such school district 
of all funds to which it may be entitled from the State or from 
poll tax. 

§174. Establish schools ; grades, teachers, text hooks. — Said 
board of trustees shall take such measures as may be proper 
to establish such schools in said district as may be necessary 
for the accommodation of the youth thereof, of each race, to 
grade such schools, prescribe the text books to be used therein, 
employ teachers, and generally to make such rules and regu- 
lations for such school district^ and its schools as to them 
may seem best, and not in conflict with the laws of this State. 

§ 175. All grades heloiv high school, free. — All schools or 
school grades which may be established by said board in said 
school district below ^high schools, or high school grades, 
shall be absolutely free for all persons between the ages of 
seven and twenty-one years, living in the school district, and 
belonging to the race for which the school was established ; 
but the board may, in their discretion, exact of all pupils 
attending the high schools, or high school grades, a tuition 
fee of not exceeding five dollars per month. 

§ 176. City superintendent of schools. — Said board may, in 
their discretion, elect a city superintendent of schools and 
prescribe his duties, term of service and compensation. 

§ 177. Reports to superintendent of education. — Said board 
4 



60 

of trustees shall require to be made out and furnislied to the 
superintendent of education all such reports as may be pre- 
scribed by law, or as may be required by him. 

§ 178. Trustees receive no compensation. — The trustees of 
said school district of Marion shall receive no compensation 
for their services as such trustees. 



CHAPTER 7. 

NOEMAL SCHOOLS. 

Article I. 

, NOEMAL SCHOOL FOE WHITE MALE AND FEMALE TEACHEES AT 

FLOEENCE. 

§ 179 (1263). The school established, appropriation for its 
support. — There is permanently established, in the Florence 
Wesleyan University buildings at Florence, in Lauderdale 
county, in this State, a school for the education of M^hite male 
and female teachers, who shall be taught therein on such con- 
ditions and under such restrictions as may be prescribed; 
and there shall be annually appropriated and set apart, from 
the first day of October, at least five thousand dollars out of 
the general educational revenue apportioned to the whites, 
for the support and maintenance of the school ; but no por- 
tion of the same shall be used for any other purpose than the 
payment of the salaries of the faculty. 

§ 180 (1264). Board of directors ; style of hoard ; no com- 
pensation; term of offi.ce.— A. board of directors is established, 
consisting of the following named persons: A. H. Jones, 
James B. Irwin, N. H. Eice, E. M. Patton, T. T. Allington, 
B. P. Joiner, E. O. Pickett, W. B. Wood and Hon. Joseph H. 
Speed, superintendent of education, and which shall be known 
by the name and style of the Board of Directors of the State 
Normal School ; and the directors shall hold their ofiice at 
the pleasure of the board, and shall receive no compensation. 

§ 181 (1265). Vacancy in hoard, hmv filled. — Any vacancy 
in the board of directors, caused by death, resignation, or 
otherwise, shall be filled by the remaining members. 

§ 182 (1266.) lleetings of hoard of directors. — The board of 
directors shall meet at such times and places as it shall ap- 
point. 

§183 (1267). President of hoard; treasurer, and his bond 
and term of ofiice ; secretary and his term of office. — The board 
of directors shall choose one of their number as president of 
their board, who shall not vote on any question, except in 



51 

case of a tjie ; and they shall elect a secretary and treasurer, 
and they shall take such bond from such treasurer as they 
shall deem sufficient and adequate to secure the faithful per- 
formance of his duties, in at least double the amount that he 
may have in hand at any one time ; bond to be approved by 
the county superintendent and probate judge of Lauderdale 
county, and a certified copy thereof fi.led in the office of the 
superintendent of education. The secretary and treasurer 
shall be chosen annually, and shall hold their offices until 
their successors are elected and qualified. 

§184 (1268). The hoard of directors disposes of money ac- 
cording to laiv, and prescribes duties of secretary and treasurer. 
The board of directors shall, under the restrictions and limi- 
tations of law, direct the disposal of any and all moneys ap- 
propriated to the school, and shall prescribe the duties of the 
secretary and treasurer thereof. 

§185 "(1269). Organization of the school. — It shall be the 
duty of the board to organize such normal school upon the 
most approved plan ; to elect a president, and a complete and 
sufficient corps of instructors, who shall constitute the faculty 
of such normal school ; and the board shall adopt such rules 
and regulations as may be necessary for the organization and 
successful operation of such normal school. 

§ 186 (1270). Duties of faculty.— It shall be the duty of the 
faculty to establish a course of instruction with special refer- 
ence to educating teachers in the theory and practice of teach- 
ing; to pass all needful rules and regulations necessary for 
the discipline of the normal school. 

§ 187 (1271). The president of the hoard of directors reports 
annually to superintendent. — The president of the board of 
directors shall make a full and complete annual report to the 
superintendent of education of the operations of the normal 
school, specifying the number of pupils, the number of pro- 
fessors or teachers, the amount of salary of each, the amount 
of money received and disbursed, and such other information 
as may be required by law. 

§ 188 (1272). Rules governing admission of pupils. — Appli- 
cants for admission to the normal school shall be not less 
than fifteen years of age, and shall sustain a satisfactory 
examination in such studies as may be required by the 
faculty, 

§ 189 (1273). Students admitted from any part of state; of 
the obligation to teach. — Students shall be admitted from any 
portion of the State, and shall receive instructions free of 
charge for tuition, upon signing a written obligation to teach 
at least two years in the public schools of Alabama ; and the 
obligation shall be filed in the office of superintendent of edu- 
cation. Any student may be released from the obligation by 



52 

paying such tuition as may be established by the board of 
directors. 

§ 190 (1274). Certificate of graduation, and to tvJiat it entitles. 
Upon the completion of the prescribed course of study in the 
normal school, and after sustaining a satisfactory examination, 
upon the recommendation of the president, approved by the 
board of directors, the superintendent of education shall issue 
a State certificate to the graduates of the normal school, which 
shall entitle them to teach in any public school in the State, 
without any further examination. 

§ 191 (1275). Public or other school established in connection. 
In connection with the normal school, there may be estab- 
lished a public school, or other school. 

§ 192 (1276). Honey appropriated, how dratvn, — The money 
appropriated and due to the school shall be certified semi 
annually, by the superintendent of education, to the State 
auditor, upon application of the president of the board of di- 
rectors, and the State auditor shall thereupon draw his war- 
rant on the State treasurer in favor of the treasurer of the 
normal school for the amount thus certified. 



Article II.' 

NORMAL SCHOOL AND UNIVERSITY FOR COLORED TEACHERS AND 
STUDENTS AT MARION. 

§ 193 (1245). Normal school ivith university department at 
Marion established. — There is permanently established in the 
Lincoln school building, at Marion, a state normal school and 
university for colored teachers and students ; and such normal 
school and university shall be operated under restrictions and 
on conditions provided by law. And as an additional consid- 
eration for the above named use of the school building, there 
shall be annually appropriated and set apart four thousand 
dollars of the general educational fund apportioned to the 
colored race for the support and maintenance of such normal 
school and university ; but not more than four per cent, of 
such appropriation may be used annually for keeping the 
buildings of the institution in repair. 

§ 194 (1246). Board of directors, no compensation. — Porter 
King, John Harris, C. W. Lovelace, John Moore, Peter Hurt, 
N. B. Mardis and A. H. Curtis shall constitute a board of 
directors, which shall be known by the name and style of the 
board of directors of the state normal school and university 
for the colored race ; and the directors shall receive no com- 
pensation. 

§ 195 (1247). Vacancy in board, how filled. — A vacancy in 



53 

the board of directors, caused by death, resignation, or other- 
wise, shall be filled by the remaining members. 

§ 196a (1248). Times and ]}laces lohen hoard of directors meet. 
The board of directors shall meet at such times and places 
as the board may appoint. 

§ 197 (1249). President, treasurer and his hond, and secre- 
tary.— At their first meeting, the members of the board of 
directors shall choose one of their number as president of 
their own board, who shall not vote on any question except 
in case of a tie ; and they shall elect a secretary and treasurer, 
and they shall take such bond from such treasurer as they 
shall deem sufficient and adequate to secure the faithful per- 
formance of his duties, in at least double the amount that he 
may have in hand at any one time ; the bond to be approved 
by the county superintendent and probate judge of Perry 
county, and a certified copy thereof filed in the office of the 
superintendent of education. The secretary and treasurer 
shall be chosen annually, and shall hold their offices until 
their successors are elected and qualified. 

§ 198 (1250). Board directs disposal of money and prescribes 
duties of secretary and treasurer. — The board shall, under the 
restrictions and limitations of this article, direct the disposal 
of any and all moneys appropriated to the school, and shall 
pre'scribe the duties of the secretary and treasurer thereof. 

§ 199 (1251). Board shall organize normal school loith uni- 
versity dejxirtment. — It shall be the duty of the board to 
organize a normal school upon the most approved plan, and 
in connection therewith a university department, in which 
such a course of instruction shall be established as shall 
meet the wants of the colored race, and provide for their 
education in the higher departments of learning, it being the 
intent and purpose of this act to provide for the liberal edu- 
cation of the colored race in the same manner as is already 
provided for the education of the white race in our university 
and colleges. The board of directors shall elect a president 
and a sufficient corps of instructors, who shall constitute the 
faculty of the normal school and university ; and shall adopt 
such rules and regulations as may be necessary for the or- 
ganization and successful operation of the normal school and 
uiniversity, and the faculty shall have power to pass all rules 
and regulations necessary for the discipline of such institu- 
tion, subject to the approval of the board of directors. 

§ 200 (1252). President of hoard of directors must make 
annual report. — The president of the board of directors shall 
make a full and complete annual report to the superintendent 
of education of the operations of normal school and uni- 
versity, specifying the number of pupils, the number of pro- 
fessors or teachers, the amount of salary of each, the amount 



54 

of money received and disbursed, and such other information 
as may be required by law. 

§ 201 (1253). Qualfications of applicants for admission. — 
Applicants for admission to the normal school and university 
shall be not less than fourteen years of age, and shall sustain 
a satisfactory examination in such studies as may be re- 
quired by the faculty. 

§ 202 (1254). Pupils admitted from any fart of the state ; 
their obligation to teach. — Students shall be admitted from any 
portion of the state, and shall receive instruction free of 
charge for tuition, upon signing a written obligation to teach 
at least two years in the public schools of Alabama, and the 
obligation shall be filed in the office of superintendent of 
education ; but any student may be released from the obliga- 
tion by paying such tuition as may be established by the 
board of directors. 

§ 203 (1265). State certificate issued to graduates. — Upon 
the completion of the prescribed course of study in the 
normal school and university, and after sustaining a satisfac- 
tory examination, upon the recommendation of the president, 
approved by the board of directors, the superintendent of 
education shall issue a state certificate to the graduates of 
the normal school and university. 

§ 204 (1256). Public or other schools may be established in 
connection. — In connection with the normal school and uni- 
versity there may be established a public school or other 
school. 

§ 206 (1257). Soto money belonging to school shall be drawn. 
The money appropriated and due to the school shall be certi- 
fied semi-annually by the superintendent of education to the 
state auditor, upon application of the president of the board 
of directors, and the state auditor shall thereupon draw his 
warrant upon the state treasurer in favor of the treasurer of 
the normal school and university, for the amount thus cer- 
tified. 

Article III. 

NORMAL SCHOOL FOR COLORED TEACHERS AT HUNTSYILLE. 

§ 206 (1258). Establishment of school; admission of pupils; 
number required; must be taught nine months annually. — There 
shall be at Huntsville, in this state, a normal school for the 
education of colored teachers. Pupils shall be admitted free 
of charge for tuition in the school, on giving an obligation in 
writing to teach in the free public schools of this state for 
two years after they become qualified. The school shall not 
be begun or continued with a less number than twenty-five 



55 

pupils, nor shall the school be taught for a less period than 
nine months in each year. 

§207(1259). Appropriation for school. — There is appro- 
priated out of the general school revenue set apart to the 
colored children, the sum of one thousand dollars, annually, 
for the maintenance and support of the school, and the ap- 
portionment of the general fund for the colored race shall be 
made to the different counties of this state after the deduction 
of the sum of one thousand dollars herein appropriated for 
the school at Huntsville. 

§ 208 (1260). School under control of three commissioners, 
who elect chairman and make quarterly reports.— ^h.e school 
shall be under the direction, control and supervision of a 
board of three commissioners, who shall consist of the follow- 
ing persons, to-wit : John M. Crowder, W. S. Fletcher and 
Stephen Johnson, who may fill any vacancy that may occur in 
the board of commissioners. The commissioners shall elect 
one of their number chairman, and they shall report quar- 
terly to the superintendent of education how many pupils 
have been in attendance, what branches have been 
taught, and other facts of interest and importance appertain- 
ing to the school. 

§ 209 (1261). Bond required of chairman, approval thereof ; 
certified copy filed in ofiice of superintendent. — The chairman of 
the board of commissioners shall give bond in double the 
amount of the appropriation to the school, for the legal and 
faithful application of the sum appropriated, the bond to be 
approved by the judge of probate of Madison county, and a 
certified copy thereof sent to the superintendent of education 
to be filed in his office. 

§ 210 (1262). Money, how draivn. — The chairman of the 
board of commissioners, after having given bond as herein- 
before prescribed, and the bond shall have been approved as 
herein provided, and a certified copy thereof filed in office of 
superintendent of education, shall present to the superintend- 
ent of education a requisition for the amount herein appro- 
priated, and the superintendent of education shall thereupon 
certify the amount of one thousand dollars to the state 
auditor, who shall draw his warrant for the sum on the state 
treasurer, payable to the chairman of the board of commis- 
sioners, for the maintenance and support of the normal 
school. 



56 



CHAPTER 8. 

SUMMAEY EEMEDIES. 

Article I. 

SUMMARY JUDGMENTS AGAINST DEFAULTERS. 

§ 211 (3397). Tax collectors, county treasurers, and ex- 
county superintendents and their sureties. — Summary judgments 
must be rendered, on motion, after ten days notice, in favor 
of the county superintendent of education for the use of his 
county, against the defaulters hereinafter named and the 
sureties on their official bonds, or any one of them, in the 
circuit court, or other courts having jurisdiction, of the county 
in which the defendants or any of them reside, in the follow- 
ing cases : 

1. Against the tax collector and his sureties for the failure 
of such collector to pay over according to law, the school 
money due his county, as shown by the auditor's warrant on 
him, or so much thereof as he may have collected, or for the 
failure of such collector to pay over, according to law, all the 
poll tax collected by him ; said judgment to be for the amount 
for which the collector is in default, interest from time of de- 
fault, and twenty per centum damages thereon and court 
costs. 

2. Against a county treasurer and his sureties, for failing 
to pay over, according to law, all school moneys now in his 
hands, or which may hereafter come into his hands; such 
judgment to be for amount due by such treasurer, interest 
thereon from time of default, and twenty per cent, damages 
thereon and court costs. 

3. Against any county superintendent of education who 
has resigned, removed from his county, or been legally re- 
moved from office, or whose term of office has expired, and 
the sureties on the official bond of such superintendent, or 
any of them, such judgment to be for the amount of school 
money belonging to his county, and which has not been 
legally disbursed by him, or paid over to his successor in 
office, and in favor of such successor, if there is one, for the 
amount due by such superintendent, interest from time of 
default, and twenty per cent, damages, besides court costs ; 
and in all cases where there is no successor, then such judg- 
ment must be rendered in favor of the superintendent of 
education, on his motion, for the use of the county in which 
such defaulting officer resided, and the money, when recov- 



57 

ered by t|ie superintendent of education, must be turned over 
to the county superintendent when appointed and qualified. 

§ 212 (3398). Attorneys employed, and their comjjensation. 
The county superintendent of education in each county may 
employ attorneys to prosecute actions under the provisions of 
this article against the defaulters and their sureties ; but in 
no case shall any attorney receive more than ten per cent.'^ 
of the amount which may be collected on any judgment ob- 
tained by him, or of the amount which may be otherwise re- 
covered by him. 

§ 213 (3399). Notice, its contents, and by ivJiom served. — 
The notice hereinbefore prescribed, upon which the action 
may be commenced, must be served by any sheriff of this 
state, and such notice must succinctly state the cause for 
which the motion will be made, and the court and term at 
which the motion will be made. 

§ 214 (3400). Transcripts evidence. — In all actions com- 
menced and prosecuted under the provisions of this article, a 
transcript from the books and records in the office of the 
superintendent of education, or of the auditor, certified 
under the hands of those officers respectively, shall be prima 
facie evidence of the facts shown by them. 

§ 215 (3401). Mode and time of trial. — If the notice herein 
required has been given, the motion shall stand for trial at 
the first term, and the court must hear and determine the 
motion, and render judgment upon the evidence without a 
jury, unless a jury trial be demanded, when a jury must be im- 
mediately empanneled to try the facts, unless a good cause 
be shown for continuance. 

* The Constitution, Section 6, Article 13, prohibits the use or expending of 
more than four per cent, of all moneys appropriated for the support of public 
schools "otherwise than for the payment of teachers employed in such schools." 



APPENDIX. 

FORMS. 



[No. 1.] 

Certificafe of Election, or Appointment, of Trustees of Puhlic 

Schools. 

The State op Alabama, ) 

County, j , A. D. 187 . 

To • ■ - — — , Greeting : 

This certifies that you, the said , were, on 

the day of , elected (or appointed) to the 

office of trustee of public schools for township — ,|range — , 
(or district — ), and are by virtue thereof fully authorized and 
empowered to discharge ail the duties of said office, and to 
exercise all the powers thereto belonging, according to law. 

Witness my hand, this — day of , A. D. 187 . 



Co. Sup't Ed'n. 



[No. 2.] 
Note given hy Purchaser of School Land. 



— year after date, we or either of us promise to pay to 
the State of Alabama, for the use of township — range — in 

county, the sum of dollars, with interest from date, 

for the purchase of — (specify legal subdivisions) — of section 
sixteen of said township. 

Witness our hands and seals, this — day of — , A. D. 187 . 



Approved this — day of — , A. D. 187 . 

>■ Trustees. 



[seal.] 
[seal.] 
[seal.] 



62 

[No. 3.] 
Certificate of Purchase of School Lands, 
The State of Alabama, 



County, f , A. D. 187 » 

The undersigned, trustees of public schools in and for 
township — range — in said county, hereby certify that on 

the — day of , A. D. 187 , they proceeded to sell at 

public outcry (all the preliminary requisites of the law in ref- 
erence to such sale having been complied with) Lot No. — , 
being the — (the northeast quarter of northivest quarter of) 
section sixteen in said township, containing — acres ; that at 
said sale , being the highest bidder, became the pur- 
chaser of said tract, at and for the sum of — dollars, for which 
he gave his — several notes, each for — dollars, with interest 
from date of said sale, with and as his sure- 
ties. 

y Trustees. 



[No. 4.] 

Lease of School Land. 

The State op Alabama, ) 
County, f 

This agreement, made this — day of — , A. D. J 87 , between 

and , trustees of public schools in and for 

township — range — in said county, and , 

witnesseth : that in consideration of — dollars, to be paid by 

said to the trustees of public schools for said 

township, on the — day of — , A. Y>. 187 , and each year 
thereafter during the continuance of the lease, for which the 
said has given his several promissory notes, pay- 
able as aforesaid, and bearing even date with this instrument, 
the said trustees have granted, demised, leased, and to farm 

let, unto the said , his representatives and assigns, 

section sixteen {or southeast quarter of southwest quarter of 
section sixteen, as the case may he) in said township, in said 

county and State ; to have and to hold unto the said 

his representatives and assigns for the term of — (not 

exceeding five) years, from the — day of , 187 . The 

said agrees to deliver up the premises aforesaid, 

with the appurtenances, on the last day of the term, or other 
earlier termination of the estate hereby granted, to the said 



63 

trustees or their successors in office. In witness wliereof the 
said parties have hereunto set their hands and seals, the day 
and year above written. 
Attest: [seal] ) 

[seal] >• Trustees. 

[seal] ) 

[seal] 



[No. 5.] 
Trustees^ JEJnumeration Report. 

To , 

County Superintendent of Education, of — — County. 

The undersigned, trustees of township — range — , in 

county, do hereby certify that we have made an enumeration 
of the children between the ages of seven and twenty-one 
years in said township, and find the same to be as follows : 

Whites : Males ; Females . 

CoLOEED : Males — — : Females , 



Trustees. 

We, (or I) , do solemnly swear that 

the above report of persons between the ages of seven and 

twenty-one years in township range , county, 

is correct according to our (or my) best knowledge, informa- 
tion and belief. 

Sworn to and subscribed before me, ) 
this — day of , 187 . V 



{Note. — To be made (in duplicate) during the month of Au- 
gust, 1878, and every two years thereafter, and forwarded to 
the county superintendent of education by the 15th of Sep- 
tember following.) 



[No. 6.] 

School Contract. 

The State of Alabama, ) 
County, j 

This agreement, made this day of — , A. D. 187 

between , teacher, and , and 



trustees of public schools in and for township — range — , in 



64 

said county, witnesseth : that the said agrees to 

teach a public school for the race at in said town- 
ship, for the term of — scholastic months, beginning on the 

— day of , A. D.. 187 . The said — further 

engages to exert the utmost of his ability in conducting said 
school, and improving the education and morals of the pupils ; 
to keep such register and make such reports to trustees and 
county superintendent of education as may be required of 
him ; and in all respects to conform to the requirements of 
law. 

In consideration of these services, properly rendered, the 

trustees aforesaid agree to pay the said , at the 

expiration of the scholastic year, a pro rata share of the pub- 
lic school fund apportioned to said race in said township for 
the scholastic year ending September 30, 187 , according to 
the number of days reported in said teacher's annual report 
of the actual attendance of each pupil. Provided, That there 
shall be in said school an average daily attendance of not 
less than ten pupils within the educational age. 

, Teacher. 



Trustees. 



[No. 7.] 
Annulment of Contract and Removal of Teacher. 
The State of Alabama, 



County, j , A. D. 187 . 

To , Teacher. 

You are hereby notified that the contract heretofore made, 

to-wit : on the — day of , 187 , by and between you as 

teacher, and ,- and , trustees of public schools 

for township ~, range — , in said county, is hereby annulled, 
and you are hereby removed as teacher of said school. 

You will make report as required by law of teachers of 
public schools. 

= =l 



Trustees. 



65 



No. 8. Teacher's Register (white or colored) Public School No. 

T—. B—. 



"^ 


•zi 










p 


B 










Jt! 


O 
1 





T. I K. 



FIRST WEEK. 



SECOND V/EEK. 






66 






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g 
e 






10 o 
O 32 



C) 






^ 



Oi H 



^ 



K 



is 

5513 

2 ^ 



11 



So 



iz; 



• Algebra . 



History . 



Grammar . . 



Geography. . 



AntJimetic... 



Writing . 



Reading. 



Orthography. 



No. of days in attend- 
ance 



Female . 



Male. 



No. 



a OS 
2^ 



2 S 



-^ 'S 






;n3 


l>J 


. fl 


^ 


to c3 






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ca S 








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67 

[No. 10.] 

Warrant to he Drawn (in Duplicate) by Trustees on the County 
Superintendent of Education for the Amount due Teaxihers. 

$ , 187 . 

To A. B., Co. Sup't of Education, County : 

Pay to C. D., teacher of a (white or colored) public school, 

No. — , the sum of dollars from the school fund 

apportioned to the (white or colored) race in township — 
range — , county, for teaching (the number) chil- 
dren, between the ages of 7 and 21 years, of said township, 
in the scholastic year ending September 30, 187 . The school 

was taught — days in township — range — , county, 

and the aggregate attendance of said children was — days.* 

By order of the Board of Trustees. 

G. H. 

Clerk of Board. 



[No. ll.j 
Teacher's Receipt. 



187 



Received of A. B., County Superintendent of Education, 
county, the sum of dollars for teaching (the 



number) children of township — range — , an aggregate of — 
days in (white or colored) public school No. — in township — 
range — , county, during the year ending September 30, 

187'. 
No. — . , Teacher. 

*Jf the warrant is drawn upon the 16th section fund of a township of less 
than ten children within the educational age, the following should be added: 
"We certifj' that there are not ten children within the educational age in said 
township," — and the words "16th section" inserted before the words "school 
fund, " in the warrant. 



68 



5~ 

O 

O 






00 






S 



Si. 



a 






>-'=^ 
^ 



O 



6 



o q 



Female. 



Male. 



G-rammar , 



Geography 

Arithmetic , 

Writing' 

Reading 

Pupils in Orthography . 



^ fi 



Female 



Male. 



Female. 



Male. 



Range 








Townshin ...._. .... 








'A 

EH 


Amount of commissions and 
salary of County superin- 
tendent of education . . . 






Amount paid to teachers. . . 







n a 

> a 



g « 



Amount from other sources-- 
16th section leases, local 
taxes, &c 

Amount, from State Treas- 

ui-y 

Amount from poll tax 



Amount from tax collector 
on Auditor's warrant 



69 



so 

6. 



Reinarks . 



Total. 



^2 

o 









^ 
6 






s 
g 

^ 



pi 



No. Teacher's Institutes or Conven- 
tions held during the year. 






o 



Female. 



Male. 



Range. . . . 
Township . 



Number of visits 
schools 



Dy trustees to 



Total estimated value of school fur- 
niture, apparatus, &o 



Total estimated value of same. 



Total number 
houses ...... 



of public school 



Balance to the credit of each town- 
ship 



o K 



< m 



Amount. 



Eange . 



Township 



Amount paid by patrons. 



County superintendent's commis- 
sions — 1 per cent 



Amount paid by county superin- 
tendent of ediacation. 



Number of days taught . 



o 
o 



d 



70 



No. 13. County Superintendent's Ledger account with the 

School Fund of his County. 
A. 3. County Superintendent oi Education of County. 



DE. 

187. 



187. 



CE. 



Jan. 



To am't on warrant 
from tax collect'r. 

" Am't poll tax from 
tax colector 

" Am't from State 
Treasury 



cts 



Oct. 



By receipts from Su- 
perintendent educa- 
tion 



cts 



71 





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72 

[No. 15.] 

Illustration for Ascertaining TeacJiers'' Pro Eata Share of 
Township Fund. 

In township 5 range 5 there are 150 white children, whose 
public fund from all sources is $132.00. There are two white 
public schools in this township, respectively taught by A and 
B. 

A teaches 15 children 5 months or 100 days. 

B teaches 20 children 3 months or 60 days. 

10 children of this township attend a public school 60 days 
in township 5, range 6, taught by C. 

DAYS . 

Total attendance in A's school, 15 children 100 days is 1500 
Total attendance in B's school, 20 children 60 days is 1200 
Total attendance from this township in C's school, 10 

children 60 days, is 600 



The aggregate attendance of 45 children is 3300 

Leaving 105 children who do not attend school during the 
year, and who do not derive any benefit from the public 
fund. 

$132.00 township fund of the white^ race divided by the 
aggregate number of days, 3300, gives the amount per child 
per day, 4 cents. Then 1500, A's total number of days, mul- 
tiplied by 4 cents, gives $60.00, A's pro rata share of the 
township fund, which should be paid him, provided, he has 
not a contract with' the patrons, which limits him to less. 

The pro rata share of B and C may be ascertained in the 
same way, thus : 
15x100=1500 . 
20 i^ 60=1200 
W^ 60= 600 



3300 )132.00(.04 cts. 1500 ?^04= $60.00 

132.00 1200P^04= 48.00 

600><04= 24.00 



Amount of township fund for white race $132.00 



[No. 16.] 
Receipt for Poll Tax {Triplicate.) 



The State op Alabama, ) , 187 

County, j 

Received of , tax collector, the sum of 



73 

dollars, being payment of poll tax collected during the 

month of ' , 187 , school fund of scholastic year 187 . 

Co. Sup't of Ed'n. 
Approved : 



Judge of Probate. 



[No. 17.] 

Becei'ptfor Money Paid on Auditor's Warrant ( Triplicate.) 

The State oe Alabama, [ , 187. 

County. 



Eeceived of , tax collector, the sum of — 

dollars, being payment of Auditor's warrant, dated 

187 , for school fund of scholastic year, 187 . 



Co. Sup't Ed. 
Approved : 



Judge of Probate. 



ADDENDA. 



§ 41a (966). — Township, or district, in corporate capacity, 
may hold real and personal property ; managed by trustees. — 
Each township, or other school district, in its corporate 
capacity as created by law, may hold real and personal prop- 
erty ; and the business of such corporations, in relation to 
public schools and school lands, shall be managed by the 
township or district trustees. 



In all cases not barred November 30, 1876, the statute of 
limitations does not apply to actions by township trustees for 
the recovery of school lands. — (See Code of 1876, Sec. 3225). 



ERRATA. 



Page 25, § 56 (1138),— For " § 1131 " read, § 55 (1137). 

Page 25, § 58a (4382) is a part of § 58. 

Page 26, § 61 (1142).— For "appropriation " in heading of 

section read, apportionment. 
Page 27, iVofe.— Kead accrued for " accrue " in 19th line of 

foot note. 
Page 27, § 64 (1145).— Kead, he has, for "they have" in 

4th line of the section. 
Page 32, § 90 (986).— Bead 87 (983), for " 983 (604)." 
Page 33.— In note to § 93 (989) add : also, § 102. 



INDEX. 



ACCOUNTS— SEC. PAGE 

Kept by Superintendent of Education (7, 8) . , 8 11 

County Superintendent 17 15 

Forms of, Co. and township (forms No. 13 & 14) 70, 71 

ADDENDA— 

School district may hold real and personl prop- 
erty c. 41a 74 

Statute of limitations 74 

APPORTIONMENT OF SCHOOL FUND— 

Amount set apart for contingent expenses and 

Normal schools 47 22 

Certified to Auditor 48,55 22,24 

How made. 49 22 

Basis of ; between the races 50 23 

Superintendent of Education must record ; cer- 
tified copy furnished County Superintend- 
ent's Education ; what extent contracts 

valid 21 23 

Each county receives its own poll tax, as its 

distributive share 52 24 

Auditor draws warrant for amount of, to each 

county 55 24 

Deficiency, after May 1st, paid out of State 

Treasury 60 26 

Unexpended, accruing prior to Oct. 1, 1875 ... 63 26 
Local, how made (Note to § 49). 61 26 

APPROPEIATIONS— 

For public schools (Constitution). 5 

Annual, for public schools 2 (and note). 8 

For Normal school at Florence 179 50 

Marion.... ....193 52 

Huntsville 207 55 



AUDITOE OF STATE— sec. page 
Must place appropriation to credit of Educa- 
tional fund 3 9 

certify amount of school revenue to Super- 
intendent of Education, when 4 9 

draw warrant on tax collector for appor- 
tionment to county , 55 24 

draw warrant on State Treasurer for 

amount unpaid by tax collector, when . GO 26 

draw warrant on contingent fund 67 28 

carry forward unexpended contingent 

fund 68 28 

payment of warrant by tax collector .... 56 24 

receipt for money on warrant of (Form 17) 73 

BIEMINGHAM— 

Separate school district 138-141 42 

BOND- 

Of Superintendent of Education 6 10 

County Superintendent , .... 20 15 

Trustees must execute, when 28 18 

County Superintendent, of Mobile county ..113 37 
Superintendent of public schools of Hunts- 

Tille 128 • 40 

City Superintendent of Birmingham 140 42 

Treasurer of Opelika district 144 43 

Treasurer of school district of Marion 172 48 

Treasurer of Normal school at Florence .... 183 50 

Marion 197 53 

Chairman of board of commissioners for 

Normal school at Huntsville 209 55 

City Superintendent of Selma 121 38 

CENSUS— 

Taken by trustees 31 18 

For city of Selma, when taken 125 39 

Huntsville, when taken 132 41 

CHILDEEN- 

Age of, right of admission, and into what 

schools 42 and note 21 

Attending school in another township 36 19 

CLAIMS, TEACHER'S— 

Filing and adjusting unpaid, provided for (note to 63) 27 

CLERK— 

Employment of, by Superintendent of Education 11 13 
Appointment of, by board of trustees ; duties 

of 35,36,37 19 



79 

COMPENSATION— sec. page 

Of County Superintendents 24 16 

Trustees for sale of school lands .- . 94 33 

exempt from road and jury duty. , 38 19 

CONTINGENT FUND— 

Set apart 47 22 

Amount annually set apart ; how drawn ; ac- 
count of kept 67 28 

Unexpended carried forward and made part of, 

for next year 68 28 

CONTRACTS— 

Executed in duplicate , 46 21 

Trustees may annul, &c 33 18 

To what extent valid 51 23 

Form for (Form No. 6). 63 

Annulment of (Form No. 7). 64 

Trustees' with teachers 29 18 

COSTS- 

Township not liable for, when 93 33 

Paid out of 16th section fund , . . 102 34 

COUNTY SUPERINTENDENTS OF EDUCATION— 

By whom appointed 13 13 

Term of office 22 16 

Oath and bond, where jBled and recorded, ccfpy 

where filed 20 15 

Additional security or new bond, failure to give 20 15 

Removal for cause 22 16 

Vacancy . . : 23 16 

, Duties as to school money of his county 15 14 

Settlement with tax collector, certified statement 

thereof to State Superintendent 16 14 

Must keep an account book ; open to inspec- 
tion 17 15 

Report to superintendent of education 

contents, made on blanks furnished 18 15 

Forfeiture for failure to make report within ten 

days after prescribed time ... 19 15 

Must pay out money promptly to teacher, sum- 
mary judgment on failure, appeal 21 16 

General duties 14 13 

must pay teachers annually, (1) 

receive school money, (2) 

removes township trustees, (3) 

examine into condition school 

fund, 16th sec. lands unsold, 

brings suit against trespas- 



80 

COUNTY SUPT'S OF EDUCATION— Continued. 

General duties — continued. sec. page 

sers, &c. (4), office at co'ty 
• site (5), notify trustees of 
annual apportionment (6) 

Compensation — when taken 24 16 

Embezzlement by 58,69 25,26 

Apportions unexpended school money which 

accrued prior to Oct. 1, 1875, report of . . . 63 26 

Apportions school money unused for two years 64 27 

Suits by 211 56 

May employ attorneys , 212 57 

Eeport, form of Eorm 12, 68, 69 

Ledger account " 13. 70 

Township account " 14. 71 

DADEYILLE— 

Separate school district 150-164 45 

ELECTION— 

Of superintendent of education . . . constitution & Q 10 

Township trustees 25 17 

As to sale of school lands 79 30 

Of school officers in Mobile county 108 35 

City board of education for Montgomery 115 38 

Superintendent of education for Montgomery . . 118 38 

Board of education for Eufaula 134 41 

Superintendent of education for Eufaula 135 41 

" " " Birmingham.. 140 42 

Board of trustees for Opelika 143 43 

Superintendent of public schools and teachers 

for Opelika 145 44 

Trustees for Oxmoor , . 159 46 

EMBEZZLEMENT— 

By county superintendent of education and 

others ....58,59 25 

ENUMEEATION— 

Of children, by township trustees 31 18 

EUFAULA— 

Separate school district 133-137 41 

FLORENCE— 

Normal school, located at 179-192 50 

HUNTSYILLE— 

Separate school district .....,.,. 126-132 40 

Normal school, located at. 206-210 54 



81 

INTEEE8T— sec. page 

Notes for school lands bear 8 per cent 87 31 

16th section fund invested by State in bonds 

bearing 8 per cent 106 34 

\ 6 per cent, on proceeds of sales of school lands 

part of annual school revenue 2 8 

LANDS, SCHOOL— (See school lands). 

LOCAL SCHOOL FUNDS— 

How apportioned and expended 61 and note 26 

LOCAL SCHOOL SYSTEMS— 

Birmingham 138-141 42 

Dadeville 150-154 45 

Eufaula 133-137 41 

Huntsville 126-132 40 

Marion 168-178 47 

Mobile 107-113 35 

Montgomery 114-119 37 

Opelika 142-149 43 

Oxmoor 155-167 46 

Selma 120-125 38 

MARION— 

Normal school, located at 193-205 52 

Separate school district 168-178 47 

MOBILE COUNTY— 

General constitutional provisions, limited as 

to, .... (constitution) 7 

Local school law for 107-113 35 

MONTGOMERY, CITY— 

Local school law for 114-119 37 

NORMAL SCHOOLS— 

Located at Florence ...179-192 50 

Huntsville 206-210 54 

Marion 193-205 52 

OPELIKA— 

Separate school district 142-149 43 

OXMOOR— 

Separate school district 155-167 46 

POLL TAX— 

Constitutional provisions 5 

Part of school fund 1 7 

revenue 2 8 

Rate of 2 8 

6 



POLL TAX — Continued. sec. page 
Paid to co'ty superintend't education . . 15 and note 14 
Each county receives its own, as its full dis- 
tributive share 52 24 

Tax assessor must note township and range, 

and race of each payer of . 53 24 

Township entitled to its own ; each race to 
its own ; county superintendents report 

as to 54 24 

- Eeceipt for (Form No. 16) 72 

PUBLIC SCHOOLS— 

Must be taught not less than three months 44 21 
Have average daily attendance of not less 

than ten pupils 44 21 

Sectarian or denominational not allowed. . (const'n) 6 

What children admitted into 42 21 

PUPILS— 

Age of ; right of admission and into what 

schools 42 21 

When may attend in another township 36.44 19,218 

SALAEIES— 

Of superintendent of education. . . . , 12 13 

county superintendents, and commissions 24 16 

clerk in department of education 11 13 

SCHOLASTIC PEEIODS- 

Year, month and day 43 21 

SCHOOL DISTEICT— 

What constitutes ; under supervision of trus- 
tees 41 20 

Trust fund, income of, when divided 62,66 26,28 

Money apportioned to, not to be used for 

other district until reapportioned 65 27 

Inhabitants of, incorporated 70 29 

May hold real and personal property (Addenda) 41a 74 

SCHOOL FUND— 

Of what it consists 1 7 

Principal of funds arising from grants &c. 

to the State, &c (1) 

Lands or other property given by indi- 
viduals or State . for educational pur- 
poses • • • (2) 

Estates of deceased persons who die with- 
out leaving will or heir (3) 

. Annual poll tax (4) 



88 

SCHOOL FUND— Continued. sec. page 

Sixteenth section trust fund (5) 

Surplus revenue fund (6) 

Disposition of during contest as to office 

of county superintendent education ... 57 25 

Unlawful use of, embezzlement 58,59 25 

Local, how apportioned and expended . ..61 and note 26 
Unused for two years, reapportioned .... 64 27 
When apportioned, shall not be used oth- 
erwise until reapportioned 65 27 

Fines added to 95 33 

Not more than 4 per cent, used otherwise 

than paj^ment of teachers, (constitution) 6 

SCHOOL LANDS— 

What are, and in whom vested 69 28 

Lease op : 

Timber lots reserved 71 29 

Balance leased; terms, &e 72 29 

Notes for, payable to township 73 29 

At auction ; notice 73a 29 

Duties of lessee 74 29 

Timber lots ; how used 75 29 

Penalty for taking timber 76 30 

Fines, turned over to school fund 77 30 

Trespassing on 78 30 

Sale of : 

Election as to 79 30 

Inspectors ; oath of 80 30 

absence of 81 30 

Polls, opening and closing 82 30 

Manner of voting 83 30 

Survey made, and minimum price fixed if 

majority for sale 84 30 

Plat for inspection 85 31 

Notice of 86 31 

At auction ; terms, <fec 87 31 

Provisions in relation to, directory 88 31 

Report of to superintendent of education 89 31 

Besale, when 90 32 

Certificate of purchase 91 32 

Eflfect of certificate 92 32 

Title revests, when 93 32 

Clerk of court, duty of, costs 93 33 

Patent for, issues when 96 33 

by secretary of state, when 97 33 

governor, when 98 33 



34 

SCHOOL LAJS'DS— Continued. 

Sale of — Continued. sec. page 

on certificate of superint'nt of ed'n 99 34 

mistake in, corrected 1 00 34 

Suits for 101 34 

township failing to recover in, costs 102 34 

Matured notes for ; how collected 103 34 

attorney general appoints 

agents to collect 104 34 

Collections on notes for, paid into State 

treasury to credit of township 105 34 

Money arising from sale of, how invested 106 34 

Note for, form of (Form No. 2) 61 

Certificate of purchase, form of. . (Form No. 3) 62 

Lease, form of . . (Form No. 4) 62 

Trustees report income from 32 18 

Statute of limitations does not apply, in 

suits for, by trustees (Addendum) 74 

SCHOOL LAWS— 

Publication and distribution of, provided for (13) 8 12 

SCHOOL OFFICEES— 

Superintendent of education for the State (1) 5 9 

County superintendent of education " (2) 
3 trustees for each township or other district (3) 

SCHOOL EEYENUE— 

Sources of , 2 8 

What placed to credit of, when 3 9 

When certified by auditor 4 9 

Superintendent of education must apportion . . 4 9 

SCHOOLS, PUBLIC— 

Must be taught not less than three months . . 44 21 
Must have average daily attendance of not less 

than ten pupils 44 21 

Sectarian or denominational not allowed . . (const'n) 6 

What children admitted into 42 21 

SELMA— 

Separate school district 120-125 38 

SEPAEATE SCHOOL DISTEICTS— f^ee Local School 

Systems). 

SIXTEENTH SECTIONS— f/S'ee School Lands.) 



■72 

SUITS— SEC. PAGE 

Superintendent of Education causes to be in- 
stituted -8 11 

By County Superintendents ; 211 56 

Against tax collectors and sureties 211 56 

I County Treasurers and sureties 211 56 

Ex-Co. Supt's and sureties 211 56 

County Supt's in favor of teachers 21 16 

Trustees may direct . . » . . , 101 34 

In corporate name of township . °. . . 76 30 

SUMMARY REMEDIES— 

Against tax collectors (1) . 211 56 

County Treasurers ... (2) .211 56 

I Ex-County Supt's of Education . . (3) . 211 56 

Attorneys employed ; their compensation 212 57 

Notice, its contents, by whom served 213 57 

Transcripts evidence 214 57 

Trial, mode and time of 215 57 

SUPERINTENDENT OF EDUCATION— 

Supervision of public schools invested in (Const.) 6 
Election, commission, term of office, oath and 

bond 6 10 

Vacancy filled by Governor, term of appointee, 

bond and qualification 7 10 

Duties. .... 8 10,11 

Report to Governor 9 12 

Office at Capitol ; books open to inspection ... 10 12 

Employ clerk, salary how paid 12 13 

May remove from office Co. Sup't of Education 

for cause 22 16 

^^ Apportions school revenue 4 9 

Trustee of State University and A. & M. Col- 
lege (Constitution) 6 

Certifies amount unpaid on warrant 60 26 

TAX COLLECTOR— 

Pays Auditor's warrant 56 24 

Pays school money to Sup't of Education dur- 
ing contest for office Co. Sup't of Educat'n 57 25 
Final settlement with County Superintendent . 16 14 

Pays over poll tax, monthly (Note to 15) 14 

Summary judgment against, for failure to pay 

over school money (1)211 56 

TEACHERS OF PUBLIC SCHOOLS— 

Certificate of qualification 39 20 

Contract with trustees in duplicate 46 21 



86 
TEAOHEES OF PUBLIC SCHOOLS -Continued. 

SEC. PAG-E 

Pro-rata share of township fund 29 18 

Kegister o± daily attendance kept and submit- 
ted to trustees ; report. . . 34, 36, 40 19, 20 

Certificate as to children attending school from 

other townships 36 19 

Eemoval of 33 18 

General duties (See note to 40) 20 

Warrant in favor of for amount due 37 19 

Warrant not given, when 45 21 

Register, form of (Form 8) 65 

Eeport, form of (Form 9) 66 

Receipt, form of .... (Form 10) 67 

Pro rata share of, mode of ascertain- 
ing (Form 15) 72 

TRESPASS— 

Taking timber, &c., from school lands 7o 30 

Fines for, turned over to school fund 77 30 

On school land, misdemeanor 78 30 

TRUSTEES OF PUBLIC SCHOOLS— 

Election * 25 17 

Oath, by whom administered, where filed 27 18 

Bond, when required, approval and filing 28 18 

Supervise and establish schools 26 17 

Contract with teachers 29, 44 18, 21 

Visit schools ..30 18 

Enumeration of children, report of same 31 18 

Report of income from sale or lease of 16th 

section 32 18 

Removal of teachers ; "pro rata payment 33 18 

Teachers must submit register of daily attend- 
ance to 34 19 

Clerk of board of, when appointed, &c 35 19 

Allow teacher -pro rata share of township fund 
for children attending school in another 

township, when 36 19 

Ascertain amount due teachers ; warrant for 
same ; reason for refusal to approve re- 
port, to whom sent 37 19 

Exempt from road and jury duty ; evidence of 

continuance in office 38 19 

Shall not draw warrant in certain cases 45 21 

Contract with teachers in duplicate 46 21 

Schools not established by, excluded . . (Note to 41) 20 



87 
TEUSTEES OF PUBLIC 8.0HOOLS— Continued. , 

SEC. PAGE 

Separate schools for races (Constitution) 

(Note to 44) '26 5,17, 21 

Duties as to lease of school lands ..71,72, 73, 74, 75 29 
sale of school lands. . 79, 84, 85, 86, 87, 

80, 90, 91, 94 31, 32 

Compensation of trustees for sale, &c., of 

school lands . . 94 33 

Enumeration report (Form No. 5) 63 

Certificate of election or appointment 

of ^Form No. 1) 61 

Warrant of (Form No. 10) 67 



LEFe '09 



^ 



